Time to axe the tampon tax? SC considers dropping sales tax on menstrual products

When women purchase feminine hygiene products such as tampons or pads, they have to pay sales tax. But if a man wants to buy erectile dysfunction drug, the purchase is not taxed.

But a South Carolina House proposal would change that.

Under House bill H. 3563, feminine hygiene products such as tampons, period pads and other menstrual care products would be exempt from sales taxes.

The state would give up about $5.9 million in annual revenue by nixing a so-called tampon tax, and it would keep about $1.4 million of local sales taxes out of municipal coffers.

Proponents of the bill, which the House Ways and Means Committee approved Thursday in a 22-0 vote, say sales taxes can be regressive and that taxing these products hurts poor people.

“People should not have to choose in our state between their essential needs,” said Ashley Lidow, director of policy and government relations for the Women’s Rights and Empowerment Network. “Just like food, period products are necessary for people’s health and well being, and women and families should not incur additional costs on these essential products.”

Feminine hygiene products would join 83 types of products that are exempt from sales tax in the state, including hearing aids, prescription medicine and groceries. Those exemptions include Viagra and wrapping paper used during the sale and delivery of tangible personal property.

“I hesitate to comment on this topic but — and I will disclaim I don’t use Viagra or wrapping paper — just out of curiosity, why is Viagra not taxed?” state Rep. Max Hyde, R-Spartanburg asked during the 15-minute discussion of a House Ways and Means panel.

“I think the answer is that Viagra or whatever it is a pharmaceutical product, therefore it’s not taxed,” said state Rep. Bill Taylor, R-Aiken. “There’s not a lone line item for Viagra. It’s just medicine. A prescription.”

But Karen Culbreath-Dudley, the executive director of the Greenville-based Period Project, which helps provide menstrual hygiene products to people in need, noted a lack of women in legislative positions also contributed to the circumstances.

“It’s probably likely because of the disproportionate representation women have in a legislative body, specifically here in the state of South Carolina,” Culbreath-Dudley said. “Those who are deciding which products are taxed and which are not are often not representative of those who need the product.”

Twenty-three states and the District of Columbia exempt feminine hygiene products from sales tax.

“Period products are medical necessities,” Lidow said.

Lidow added the FDA classifies menstrual tampons and pads as medical products.

Health savings accounts and flexible spending accounts can be used to pay for menstrual taxes, Lidow said.

“I think that having a tax that’s only paid for by a portion of our population and is a tax that they are required to pay because of a health need is unfair,” said state Rep. Brandon Newton, R-Lancaster, who chaired the Ways and Means panel that considered the bill. “And I’m hopeful that we can get this bill through.”