CALIFORNIA—A new law that took effect on New Year’s Day 2020 eliminates taxes on both children’s diapers and feminine hygiene, such as menstrual products in California.
Senate Bill 92 was approved in June 2019 by Governor Gavin Newsom and is set to eliminate taxes on both menstrual products (tampons, sanitary napkins, menstrual cups and sponges) and diapers for infants, toddlers, and children. SB 92 expires on January 1, 2022.
According to the California legislative information website, SB 92 will save the average family $100 annually per child in diaper taxes. As far as women and menstrual products, the California Legislative information website stated the following facts:
The Legislature finds and declares all of the following:
(a) Menstrual products, including tampons, pads, and menstrual cups, are the only gender-specific items in California’s tax laws.
(b) Menstrual products are not luxuries, and, in fact, are necessary health products for menstruating women to participate in society.
(c) The goal of exempting tampons, pads, and menstrual cups from the sales and use tax laws is to bring gender equity to California’s tax laws.
(d) Each year, California women pay over $20 million in taxes on menstrual products. That money, paid as taxes, belongs in the pockets of California women.
(e) The sales and use tax laws exempt items that are deemed “necessities of life,” such as food and medicine.
(f) The fact that there are no other examples of an essential health product within the state tax laws that one gender must use each month for 40 years of life speaks to the outdated nature of the tax laws.
Anyone charged after the law was in tact, can bring a receipt to the retailer with a copy of a notice from the California Department of Tax and Fee Administration and request a refund. For those with questions, contact the customer service center at 1-800-400-7115.