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A group of Manhattan women filed a class action lawsuit to end sales tax on tampons — calling the tariff outdated and discriminatory because there’s no such tax on products typically used by men like Rogaine and dandruff shampoo.“It violates the Equal Protection clauses of the United States and New York constitutions. It is a vestige of another era, and now it is time to end it,” the Manhattan Supreme Court suit says.Margo Seibert, Jennifer Moore, Catherine O’Neil, Natalie Brasington and Taja-Nia Henderson brought the suit to abolish the 4 percent tax and collect a $28 million refund on behalf of all New Yorkers who have bought tampons over the past two years.Many medical products are exempt from the tax including Rogaine, dandruff shampoo, adult diapers and even ChapStick, yet feminine products are taxed. The suit was filed against the state’s Department of Finance and Taxation on Thursday morning.“Tampons and sanitary pads are a necessity for women, not a luxury. There is no way these products would be taxed if men had to use them,” said Zoe Salzman, a lawyer for the women.“The Department’s double standard for men and women finds no support in the tax law and serves no purpose other than to discriminate,” according to the filing.Some of the five, middle-aged female plaintiffs — an actress, mathematician, photographer, professor and children’s program coordinator — will speak about their suit at a press conference Thursday.The tax adds up. The suit says most women spend $70 a year on tampons and pads and the state collects $14 million a year from taxes on tampons from 5 million New Yorkers.Tampons are not taxed in other states including Illinois. State spokesmen did not immediately return requests for comment.
