Creed and Gowdy, along with co-counsel, Dana Brooks Cooper and E. Rose Kasweck of Barrett, Fasig & Brooks in Tallahassee, Florida and Jeffrey Kaliel and Sophia Goren of Tycko & Zavareei LLP in Washington, D.C., filed suit Wednesday, July 6, 2016 challenging Florida's "Tampon Tax." The complaint alleges the sales tax charged on tampons and sanitary pads - products used exclusively by women - is discriminatory and unconstitutional.
The State of Florida does not tax most medical items, including common household remedies. Florida does, however, tax tampons and pads, common household remedies that are necessary for women's health and used exclusively by women. Household remedies that are used by both sexes and which serve a similar absorbent function, such as bandages and gauze, are not taxed. Additionally, items used mostly by men, such as Rogaine, are not taxed.
The lawsuit alleges that Florida's decision to charge and collect sales tax on tampons and pads violates the Equal Protection Clauses of the Florida and United States Constitutions because it denies women equal protection under the law by treating them differently and subjecting them to an unfair tax.
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