Packs of Tampax brand tampons on the shelf of a pharmacy in New York on Wednesday, February 10, 2016.
Richard Levine | Corbis News | fake images
Over a lifetime, menstrual products in the US cost a total of about $6,000 per person, according to research published in 2021, and that's before taxes.
In 21 states, a sales tax of between 4% and 7% is imposed on items such as pads and tampons, making them more expensive, data from the Alliance for Period Supplies shows.
Most states do not tax certain essential goods, such as grocery store products, canned foods, and prescription medications. But in states with a “tampon tax,” a term generally applied to tampons and many other menstrual care products, these products are considered “luxury items.” (Broader still is the so-called pink tax, which is not a real tax and refers to cases in which items marketed to women, such as razors, deodorants and shampoos, cost more than equivalent products marketed to men.)
For the past four decades, states with sales taxes have been enacting laws eliminating such taxes on menstrual products. Minnesota was the first to do so in 1981, and 23 others have followed suit, along with Washington, DC.
Texas was the most recent: since September, there has been no state sales tax on vintage products. In Kentucky, two bills that would eliminate the tampon tax were introduced last week, one sponsored by Republicans and the other by Democrats.
The map below shows which states have taxes on tampons and which don't. Alaska, Delaware, Montana, New Hampshire, and Oregon do not have sales taxes on any products.
Lacey Gero, director of government relations at Alliance For Period Supplies, said Southeastern states often follow the Texas model for their own legislation, so more people may eliminate taxes on tampons in the coming years.
“We've already heard from states like Alabama, where this year there will be a big bipartisan push for legislation to exempt both diapers and menstrual products from the sales tax,” she said. “So I think the wave is already happening.”
Kentucky Rep. Lisa Willner, a Democrat who introduced one of two state bills targeting a tampon tax, said legislation in other states may bode well for her own effort.
“Kentucky is a deeply red state, so to see this succeed in other red states is absolutely a very hopeful sign that this doesn't have to be a partisan issue at all. It's a public health issue,” he said.
About a quarter of teens and a third of adults reported having trouble purchasing period products in a 2023 survey by underwear brand Thinx and nonprofit PERIOD. The problem is more pronounced among blacks and Latinos compared to whites.
Many public health experts view menstrual products as essential goods: If they are harder to find or afford, people may prolong use of a particular product, which can increase the risk of infection or toxic shock syndrome, a condition rare and life-threatening. Some people may also miss work or school during their period if they do not have access to menstrual care products, or give up other basic needs in order to purchase them.
“It's like, 'Do I spend money on gas to go to school or do I buy period products? Or, when I'm in class, I might worry about bleeding through my clothes; so do I go to class or just skip it?' ?'” said Jhumka Gupta, associate professor of public health at George Mason University.
Gupta's research has shown that not being able to afford menstrual products is linked to a higher incidence of depression.
There are still several obstacles to eliminating the tampon tax nationwide.
“One of the things states are facing right now is the stress and tighter budget cycles that are coming up, so there is a fear of losing revenue,” Gero said.
Willner said that's a challenge in Kentucky, where the income tax rate has decreased over the past two years. A state policy approved in 2022 aims to gradually reduce personal income taxes until they are eliminated, as long as a series of tax requirements are met.
Willner added that some state lawmakers also question whether the tampon tax should go away.
“There are a number of my colleagues who don't see the importance of this, or they will say, 'It's just a very small amount of money,' or, 'Why is this necessary?'” he said. “Of course, the people who ask those questions tend to be people who are not affected by the sales tax on menstrual products.”
In addition to eliminating the tampon tax, Willner's bill would set aside $2 million for Kentucky public schools to provide free menstrual products to students in grades 6 through 12. The Republican-sponsored bill does not require such funding. Willner said he added the provision after hearing middle and high school students talk about the shame and anxiety they felt about having or waiting for their period at school.
“It brought back memories,” Willner said.
However, he added, that provision could make it more difficult to pass the bill.
“I have to say I'm a little skeptical that that's the case,” she said.
In 25 states and Washington, DC, menstrual products are supposed to be given to students for free. Arizona, Michigan, Minnesota, New Mexico, New Jersey and Ohio passed laws creating such policies last year. But not all 25 states allocate money for this purpose, so it's often up to schools to apply for grants or pay for the products themselves.
Gero said advocates for free menstrual products are pushing for additional legislation to expressly set aside funds for schools to provide them.
In the future, states could also consider bills that make menstrual products free in public bathrooms, she added. Ann Arbor, Michigan, became the first city to do so after passing a bill in 2021.
“We're excited that more initiatives are happening at the local level, because this puts pressure on states to take more action,” Gero said.
