Tampa woman seeks end of 'tampon tax'

A Tampa woman has filed a class-action lawsuit designed to repeal Florida’s sales tax on tampons and refund millions of dollars to customers who have paid it.

Carlee Wendell filed the lawsuit last week in Leon Circuit Court against several state agencies, including the Department of Revenue, and major retailers including CVS, Publix, Target, Walgreens and Wal-Mart.

The lawsuit points out an alleged double standard in the law — products like Rogaine, used to treat male pattern baldness — are exempt from the state sales tax. But tampons are not.

The state also exempts numerous other health products from the tax, including prescription drugs, common household remedies and a wide range of products, from bandages to Epsom salts. The lawsuit said there is no rational basis to impose the tax on tampons. It calls the tax “irrational and discriminatory.”

Dana Brooks Cooper, a Tallahassee attorney representing Wendell, said the lawsuit seeks to prevent the state from collecting any more tax on tampons and give a rebate to women who have paid it over the past three years.

“The ‘Tampon Tax’ is patently discriminatory against women and it's wrong,” she said. “Women should not be forced to pay sales tax on a product that is necessary not only for their health but for public health and safety as well. This burden is particularly offensive when products used primarily by men, such as Rogaine, are tax-free.”

Florida imposes a 6-percent sales tax, though many counties impose other sales taxes up to 1.5 percent on top of that. In Leon County, the sales tax is 7.5 percent, which includes a 1-percent Blueprint tax and a half-percent school tax.

The lawsuit notes that the Food and Drug Administration classifies tampons as “medical devices.” And it says the American Medical Association has said that taxes on feminine hygiene products are regressive.

Ending the so-called “tampon tax” isn’t an entirely new idea. The California Assembly last month voted to get rid of its tax on tampons and feminine napkins. The tax generates some $20 million a year in California.

The Florida lawsuit notes that administrative law requires taxpayers to seek refunds of taxes when no tax is due from the dealer, not the state. The lawsuit says Wendell is seeking a refund from the retail businesses, which could then seek a refund from the state.

Contact Jeff Burlew at jburlew@tallahassee.com or follow @JeffBurlew on Twitter.