Contact: Laura Strausfeld, 917-622-0498, laura@periodlaw.org
Period Law to File Lawsuits Challenging Constitutionality of ‘Tampon Tax’ in Kentucky, Wisconsin
Louisville, Ky. — Period Law, Period.org, and several other plaintiffs will hold a press conference at 11 a.m. March 9 at the Jefferson County Judicial Center, 700 W. Jefferson St., Louisville, to announce lawsuits filed against the Commonwealth of Kentucky and the state of Wisconsin for taxing menstrual products.
The challenge follows 23 states that have passed legislation to remove the tax on these FDA-designated medical devices essential to women of childbearing age.
The constitutional challenge asserts Kentucky and Wisconsin violate the Equal Protection Clause, which prohibits states from imposing unequal burdens based on sex, by imposing their state sales tax on medical devices uniquely used by women.
Kentucky and Wisconsin are two of only 18 states that continue to tax menstrual products (technically termed “menstrual discharge collection devices”). Several legislative proposals have been filed by lawmakers on both sides of the aisle in Kentucky, but have not been prioritized.
Using 2026 local retailer data, the average cost of a box of 36-40 brand-name tampons ranges between $8 to $11.50, or between 23 cents and 35 cents per tampon.
Due to national inflation trends, these prices have increased 36% on average over the past five years. The amount of tax paid for the critical necessities has also increased by that amount. The average woman will use more than 16,000 tampons or pads in a lifetime, paying approximately $3,680 to $5,600 in sales tax over time. Period Law and its partners believe this lawsuit will set a critical precedent in the fight for menstrual equity its implications for equal protection under the law.
