Appleton Area NOW joins lawsuit seeking to eliminate sales tax on menstrual products
Federal tax law recognizes menstrual care products as qualified medical expenses eligible for reimbursement through health savings accounts. In Wisconsin, medically necessary supplies and prescriptions, including Viagra, are free from sales tax, while feminine hygiene products are taxed.
Wisconsin is one of just 18 states that do not exempt feminine hygiene products from sales tax. The Appleton Area National Organization of Women is aiming to change that.
Irene Strohbeen, President, announced that Appleton Area NOW filed a lawsuit against Wisconsin for unfairly taxing menstrual products. The lawsuit, filed in Dane County Circuit Court, argues that the tampon tax is sex-based discrimination and violates equal protection in both the state and federal constitutions.
Wisconsin women are paying a tax on a basic biological necessity, they argue. The FDA regulates tampons and menstrual pads as medical devices. Federal tax law also recognizes menstrual care products as qualified medical expenses eligible for reimbursement through health savings accounts. In Wisconsin, medically necessary supplies and prescriptions, including Viagra, are free from sales tax, while feminine hygiene products are taxed.
“Whose needs do our laws recognize as essential, and whose needs are overlooked?” asked Melissa Bobula Miotke. “I don't want my daughters growing up and believing that inequality is simply a part of and a price of being a woman. And I don't want the next generation inheriting policies we have the opportunity to change.”
Period Action Day is held annually on the second Saturday of October. People worldwide take action by hosting fundraisers, advocacy rallies, educational panels, workshops, and packing parties, aiming to donate one million menstrual products.
“As a high school student, I know how important it is to stay comfortable and focused in the classroom,” said Elise Reigel, a high school junior and co-president of a local chapter of Period. “Imagine getting your period during the school day, going to the bathroom for a pad or tampon, and finding that the dispenser is empty. Suddenly, you're worrying about how you're going to get through the rest of the school day.”
In the big picture, removing the revenue gained from taxes on feminine hygiene products represents just 0.02% of Wisconsin’s estimated total tax revenue. But the impact to each individual woman can matter, especially to the 11% of lower-income women in Wisconsin. As a group, women will pay more than $4 million in sales tax on feminine hygiene products in 2026.
Earlier this year, a bipartisan group of Wisconsin legislators, including Representative Lee Snodgrass (D-Appleton), introduced a bill (AB 1031) to eliminate the tampon tax. The bill never received a hearing.
“Appleton Area NOW has rightly been forced to file this lawsuit in pursuit of necessary change,” Snodgrass said. “I will support them and continue to reintroduce my bill until this change becomes law. The tax on these products is an additional cost that is applied to the user solely on the basis of their sex. It is a clear example of sex-based discrimination and deserves to utilize the Equal Protection Clause that our Constitution guarantees.”
Period Law has been working on this issue for a decade, resulting in 32 states ending their tampon tax.
Laura Strausfeld, Executive Director of Period Law, said, “That legislation has gone nowhere, however, so we’re turning to the courts and asking if Wisconsin can constitutionally impose a tax that burdens one sex and not the others. We believe Wisconsin should have to justify this unequal treatment.”
