Women sue Kentucky over tax on menstrual products

LOUISVILLE, Ky. — Two Kentucky women are suing the state, challenging taxes on menstrual hygiene products.

The lawsuit claims the state’s 6% sales tax on menstrual products is unlawful.

At 16 years old, Alexandria Baldon was diagnosed with PCOS. 

“We experience periods for almost two weeks at a time,” said Baldon. “You have to maintain the supply of products throughout that time.”

The Northern Kentucky University first-year law student said those boxes of tampons and pads add up quickly. 

“Walking around, feeling embarrassed,” said Baldon. “It makes it uncomfortable because you feel like you’re leaking through. I know I have a heavy period, so it’s just like that burden of just feeling like, ‘do I have enough?’”

This is why Baldon is suing the state, claiming that state law already exempts many medical devices from sales tax.   

“It’s not enough revenue for the state to need it,” said Laura Landenwich of Adams Landenwich Lay, PLLC. “It’s not propping up the government, but it is enough to have an impact on individual people, particularly low-income women. So, all we want is for medical devices to all be treated equal.”

The FDA classifies menstrual hygiene products as Class one and two medical devices. 

“These are not luxury items,” said Laura Strausfeld, founder of Period Law. “They’re medical necessities. And many other medical necessities are exempt from tax in Kentucky and around the country.”

Across the nation, 23 other states have already eliminated taxes on these products.  

Kentucky now has 21 days to respond to the complaint, with legal arguments expected to follow. Similar bills were filed in previous sessions in the House, but did not make it out of committee.