Should Gender-Based Pricing of Consumer Products be Illegal? (H.R. 5464)

What is H.R. 5464?

(Updated July 2, 2019)

This bill — the Pink Tax Repeal Act —  would prohibit gender-based pricing of consumer products and services by making it an unfair trade practice to charge more for a version of a substantially similar product that’s marketed toward one gender. The Federal Trade Commission (FTC) would be responsible for enforcing violations and state attorneys general would have the authority to take civil action on behalf of wronged consumers. State attorneys general would notify the FTC in writing of civil actions undertaken.

Argument in favor

Women shouldn’t have to pay more for the same product or service simply because it’s marketed toward women — this bill would end such discrimination.

Argument opposed

Businesses should be allowed to charge more for similar products that are marketed toward one gender — there may be legitimate business reasons for the price differential.

Impact

Women buying products; companies offering goods or services marketed toward a specific gender; state attorneys general; and the FTC.

Cost of H.R. 5464

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Jackie Speier (D-CA) introduced this bill to end gender-based price discrimination after the New York City Dept. of Consumer Affairs published a study which found that women’s products cost up to 13% more than similar products for men:

“Women get hit with a double whammy: THey make less for doing the same work and they pay more for the same product or service because it’s for women. Whether it’s a pink teddy bear, deodorant from the same manufacturer, or a white laundered shirt, it’s time to say enough! Discrimination is illegal.”

This legislation has the support of 29 cosponsors, all of whom are Democrats.

Media:

• Sponsoring Rep. Jackie Speier (D-CA) Press Release
  
• The Hill