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TheLevisaLazer.com > Blog > Editorials/Letters > Lawsuit Challenges Constitutionality of ‘Tampon Tax’ in Kentucky
Editorials/Letters

Lawsuit Challenges Constitutionality of ‘Tampon Tax’ in Kentucky

Kentucky Press Association Co-op
Last updated: March 11, 2026 10:18 am
Kentucky Press Association Co-op
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Period Law to File Lawsuits Challenging Constitutionality of ‘Tampon Tax’ in Kentucky

Contact: Laura Strausfeld, 917-622-0498, laura@periodlaw.org

Lawsuit Challenges Constitutionality of ‘Tampon Tax’ in Kentucky 

Louisville, Ky. — The nonprofit Period Law will host a press conference at 11 a.m. March 9 at the Jefferson County Judicial Center, 700 W. Jefferson St., Louisville, to announce a lawsuit filed against the Commonwealth of Kentucky 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 violates 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 is one of 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.

A digital press kit will be made available, including photos and B-roll, photos, full names, and bios of the speakers, key data points with citations, and other resources. 

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