The phrase "tampon tax" refers to the sales tax applied to menstrual hygiene products, a category often classified as a non-essential luxury item rather than a medical necessity. Across the United States, this classification results in varying tax rates that disproportionately impact people who menstruate, creating a financial burden that activists argue is both regressive and discriminatory. As of today, a significant number of states still impose this tax, making menstrual products less accessible for low-income individuals, students, and seniors on fixed incomes. The movement to eliminate these taxes, known as period equity, has gained substantial legislative traction, turning the period product aisle into a unexpected battleground for economic fairness and gender equality.
The Mechanics of the Tampon Tax
To understand the current landscape, it is essential to look at how sales tax works. In the United States, most states collect a state sales tax, and many localities add their own percentage on top of that. Typically, groceries and prescription items are exempt from this tax, but in many jurisdictions, menstrual products fall into a gray area. Because they are not classified as groceries or medical necessities, they are treated like luxury goods such as candy or soda. This legal distinction means that when a customer buys a box of tampons or a pack of pads, they are often charged a sales tax of between 4% and 10%, depending on their location. The financial impact is significant over a lifetime, costing consumers billions annually that could be directed toward other essential needs.
States Leading the Charge for Change
Several states have taken decisive action to eliminate the financial barrier to menstrual health by repealing their taxes on period products. These legislative victories are often the result of years of advocacy by grassroots organizations and period equity groups. The strategy typically involves classifying menstrual products as medical devices or essential grocery items, forcing the tax code to recognize their biological necessity rather than their commercial packaging. As of the current legislative session, a growing number of jurisdictions have successfully removed the tax, signaling a shift in public policy regarding bodily autonomy and economic equity. Below is a look at the specific states that have acted and those still imposing the tax.
States with No Tax (as of 2024)
The following states have successfully eliminated the state sales tax on menstrual hygiene products, making them tax-exempt necessities:
Maryland
Massachusetts
New Jersey
New York
Pennsylvania
Minnesota
Kansas
Illinois
Additionally, the federal government repealed the "tampon tax" in 2021, ensuring that Medicaid and other federal programs cover these products without taxation. While state-level action varies, this federal change represents a significant victory for period equity on a national scale.
The States Where the Tax Persists
Despite the momentum toward tax elimination, a substantial number of states continue to levy sales tax on menstrual products. The specific rates and classifications vary widely, creating a complex patchwork of regulations that can be confusing for consumers and retailers alike. In these states, the argument for maintaining the tax often relies on outdated notions of luxury or a desire to maintain stable state revenue streams. However, advocates argue that the continued taxation of basic hygiene items is a relic of a bygone era that fails to recognize the realities of modern health and wellness.
States Still Collecting the Tax
As of the current date, the following states still impose a sales tax on menstrual hygiene products:
