Senate Bill 379 became law on June 19, 2023; a historic day for menstrual equity. The bipartisan bill exempts menstrual products from state sales tax, along with diapers, baby bottles, breastfeeding devices, maternity clothing, and other "family care products."

The law will go into effect on September 1, 2023, marking the end of the imposition of sales tax on menstrual products in the state of Texas. Texas was previously the largest revenue collector in the country of this inequitable tax, with almost $30 million collected annually.

This landmark legislation comes after years of work by Texas lawmakers, advocates, and lawyers. Representative Donna Howard (D) has introduced tampon tax repeal bills every session since 2017. SB379, which ultimately became law, was sponsored by Senator Joan Huffman (R) and replicated the language used in Howard’s stalled House Bill. Republicans taking ownership of this issue is a victory for the movement. As Howard said: "Imitation is the sincerest form of flattery."

Period Law has also been working on this issue in Texas for years, including through its 2019 Tampon Tax Protest, which flooded Comptroller Glenn Hegar’s office with demands for tax refunds. Soon after, Hegar called the taxing of these items “archaic” and said it’s time “to rectify this issue.”

Backed by Governor Greg Abbott (R) – and under threat of a lawsuit filed by Baker Botts challenging the tax as unconstitutional – Texas lawmakers, lawyers, and advocates were finally able to put an end to the state collecting money on the purchase of medical necessities. Texas’ actions will no doubt help bring about the end of the tampon tax in the 21 other states where it still exists.

“Texas should’ve never taxed these items to begin with,” said Period Law Executive Director Laura Strausfeld, noting that Texas exempts bandaids, incontinence pads, sunscreen, and many other items from sales tax. “It took protests, a lawsuit, and a deeply dark moment for women’s health in Texas to get us to this point, but we nonetheless enthusiastically celebrate this rare bipartisan win for Texas women.”

Period Law is partnering with the youth-powered nonprofit PERIOD. and CVS Health to eliminate the unfair sales tax on period products in the remaining 21 states. With the assistance of volunteer attorneys from around the country, including a core team from WilmerHale, Period Law has helped reduce the number of “tampon-taxing” states from 40 in 2016 to 21 today.

Menstrual products are medically necessary. The FDA categorizes them as Class I and Class II medical devices. The CARES Act allows reimbursement of menstrual care products as qualified medical expenses through various tax-advantaged accounts (HSAs, Archer MSAs, Health FSAs, and HRAs).

“It’s time to prioritize women’s health and change antiquated policies that are being overlooked because representation at “the table” isn’t reflective of the demographic composition of our society,” stated Lisa White, Director of Strategy & Operations for Period Law.

For more information, please contact Email Contact or visit our website, periodlaw.org.

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Texas collects almost $30 million annually—far more than any other state—on the sale of period products, a practice the Comptroller has called “archaic.” This session, the end of this practice is in sight. Texas’ actions may help bring about the end of the tampon tax in the 21 additional states where it still exists.

Governor Abbott (R), Comptroller Glenn Hegar, and Senator Joan Huffman (R) have all voiced support for ending the tampon tax. Hegar called the taxing of these items “archaic” and said it’s time “to rectify this issue.” Huffman acknowledged these products are “not optional” and “essential to women’s health and well-being.”

Bipartisan House Bill 300 exempts menstrual products from tax, along with diapers, baby bottles, breastfeeding devices, maternity clothing, and other "family care products."

Period Law, the nonprofit group of lawyers dedicated to ending the tampon tax nationally since 2016, celebrates HB300 sponsor Representative Donna Howard (D), who has introduced tampon tax repeal bills every session since 2017. Period Law has been working on this issue in Texas since that time, too, including through its 2019 Tampon Tax Protest, which flooded the Comptroller’s office with demands for tax refunds.

“Texas should’ve never taxed these items to begin with,” said Period Law Executive Director Laura Strausfeld, noting that Texas exempts bandaids, incontinence pads, sunscreen, and many other items from sales tax. “It took protests, a lawsuit, and a deeply dark moment for women’s health in Texas to get us to this point, but we nonetheless enthusiastically celebrate this rare bipartisan win for Texas women.”

Period Law is partnering with the youth-powered nonprofit PERIOD. and CVS Health to eliminate the unfair sales tax on period products in the remaining 22 states. In Texas, the law firm Baker Botts has filed a lawsuit challenging the tax as unconstitutional. With the assistance of volunteer attorneys from around the country, including a core team from WilmerHale, Period Law has helped reduce the number of “tampon-taxing” states from 40 in 2016 to 22 today.

Period Law, PERIOD., and other advocacy and legal partners are working to make significant progress this session. Already, seven states have held hearings on tampon tax repeal this year. In Arizona as well as Texas, exemption has passed the House. Just one day after HB300 was passed by oral vote in Texas, South Carolina’s Ways and Means Committee passed their version. In Georgia and South Dakota - where HB1159 was the first repeal bill ever introduced - young female legislators led spirited debates and presented moving testimony about periods in majority-male rooms.

Menstrual products are medically necessary. The FDA categorizes them as Class I and Class II medical devices. The CARES Act allows reimbursement of menstrual care products as qualified medical expenses through various tax-advantaged accounts (HSAs, Archer MSAs, Health FSAs, and HRAs).

“It’s time to prioritize women’s health and change antiquated policies that are being overlooked because representation at “the table” isn’t reflective of the demographic composition of our society,” stated Lisa White, Director of Strategy & Operations for Period Law.

For more information, please contact Email Contact or visit our website, periodlaw.org.

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Period Law, PERIOD. and state-based partners are teeing up an end to the tampon tax across the country in 2023. With states pre-filing legislation, and more committed to taking up the issue, this is the first time in history that the U.S. is poised to eradicate state sales taxes on period products in the upcoming state legislative sessions. Particularly impressive is Texas’s bill, HB70, which has already been filed.

Arizona Governor-elect Katie Hobbs strongly supported repeal in her campaign, stating: "Simply put, this is an unfair tax on women, and it’s time that Arizona joined the growing list of states that have moved away from this discriminatory practice."

As additional bills are filed, Period Law expects more governors to voice support for repeal. No state should be last in line to do what is equitably, politically, and legally right–especially while enjoying historic budget surpluses and when projected lost revenue for tampon tax repeal is less than one one-hundredth of a percent of each state's total revenue.

With the assistance of volunteer attorneys from around the country – including a core team from the law firm WilmerHale – Period Law has led the legal campaign to end the tampon tax nationwide since 2016. They have filed lawsuits challenging the tampon tax as unconstitutional and succeeded in helping to reduce the number of “tampon-taxing” states from 40 in 2016 to 22 today. Their partner advocacy organization, PERIOD., has helped organize rallies and protests around the country, including activating its members in more than 300 nationwide chapters.

“Purchases of period products should have been tax-exempt from the start, just like prescription drugs. State governments have heedlessly bilked women out of billions of dollars on purchases of these medical necessities,” added Strausfeld.

“We call on states to repeal this tax now, as we activate hundreds of PERIOD. chapters and partner organizations like CVS Health, to join this campaign. A tax repeal acknowledges the undue burden carried by people who use period products in your state. Repealing the tax now is the right move, at the right time,” says Michela Bedard, Executive Director at PERIOD.

For more information and how to partner with our organizations visit the respective websites, https://periodlaw.org and https://period.org.

About Period Law

Period Law is a law and policy nonprofit that fights for tax-free, toxin-free, environmentally sustainable menstrual products that are available at no cost to everyone who needs them. Period Law works with volunteer attorneys from around the country to advance state and federal period equity policies. Like us on LinkedIn, Instagram, and Twitter.

About PERIOD.

PERIOD. is a global youth-powered nonprofit headquartered in Portland, OR with over 400 volunteer chapters around the world. PERIOD. youth activists have been instrumental in destigmatizing menstruation, supporting legislation to mandate period products in schools, and in the fight to end the tampon tax. Like us on LinkedIn, Instagram, and Twitter.

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Categories: Menstrual Health, Period Poverty, Women's Health, Sales Tax Legislation, CVS Health, Period Equity, Menstrual Equity, Menstrual Hygiene, Tampon Tax, TaxFreePeriod, LauraStrausfeld, CSG

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