I 

118TH CONGRESS 

2D SESSION H. R. 7828 

To prohibit the pricing of consumer products and services that are substantially similar if such products or services are priced differently based 

on the gender of the individuals for whose use the products are intended 

or marketed or for whom the services are performed or offered. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2024 

Mrs. TORRES of California (for herself, Mrs. BEATTY, Ms. BONAMICI, Mr. 

BOWMAN, Ms. BROWNLEY, Ms. CLARKE of New York, Ms. CHU, Mr. 

CONNOLLY, Ms. DEAN of Pennsylvania, Mrs. DINGELL, Ms. LOIS

FRANKEL of Florida, Mr. FROST, Ms. GARCIA of Texas, Mr. GREEN of 

Texas, Mr. JOHNSON of Georgia, Mrs. HAYES, Mr. KHANNA, Ms. KELLY

of Illinois, Ms. MOORE of Wisconsin, Ms. NORTON, Ms. OMAR, Mr. 

POCAN, Mrs. RAMIREZ, Mr. SCHIFF, Ms. TITUS, Ms. VELA ́ZQUEZ, Ms. 

WASSERMAN SCHULTZ, and Mrs. WATSON COLEMAN) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prohibit the pricing of consumer products and services 

that are substantially similar if such products or services 

are priced differently based on the gender of the individuals for whose use the products are intended or marketed 

or for whom the services are performed or offered. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pink Tax Repeal Act’’. 

3 SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CON4 SUMER PRODUCTS AND SERVICES. 

5 (a) PROHIBITED PRACTICES.— 

6 (1) CONSUMER PRODUCTS.—It shall be unlaw7 ful for any person to sell or offer for sale in inter8 state commerce any two consumer products from the 

9 same manufacturer that are substantially similar if 

10 such products are priced differently based on the 

11 gender of the individuals for whose use the products 

12 are intended or marketed. 

13 (2) SERVICES.—It shall be unlawful for any 

14 person to sell or offer for sale any services that are 

15 substantially similar if such services are priced dif16 ferently based on the gender of the individuals for 

17 which the services are performed, offered, or mar18 keted. 

19 (b) ENFORCEMENT BY THE COMMISSION.— 

20 (1) UNFAIR AND DECEPTIVE ACT OR PRAC21 TICE.—A violation of subsection (a) shall be treated 

22 as a violation of a rule prescribed under section 

23 18(a)(1)(B) of the Federal Trade Commission Act 

24 (15 U.S.C. 57a(a)(1)(B)) defining an unfair or de25 ceptive act or practice in or affecting interstate com26 merce. 


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1 (2) POWERS OF THE COMMISSION.—The Fed2 eral Trade Commission shall enforce this section in 

3 the same manner, by the same means, and with the 

4 same jurisdiction, powers, and duties as though all 

5 applicable terms and provisions of the Federal Trade 

6 Commission Act were incorporated into and made a 

7 part of this Act. 

8 (3) PRIVILEGES AND IMMUNITIES.—Any person 

9 who violates subsection (a) shall be subject to the 

10 penalties and entitled to the privileges and immuni11 ties provided in the Federal Trade Commission Act 

12 (15 U.S.C. 41 et seq.). 

13 (4) AUTHORITY PRESERVED.—Nothing in this 

14 section shall be construed to limit the authority of 

15 the Commission under any other provision of law. 

16 (c) STATE ATTORNEYS GENERAL.— 

17 (1) CIVIL ACTION.—In any case in which the 

18 attorney general of a State has reason to believe 

19 that an interest of the residents of the State has 

20 been or is adversely affected by a violation of sub21 section (a), the attorney general may, as parens 

22 patriae, bring a civil action on behalf of the resi23 dents of the State in an appropriate district court of 

24 the United States— 


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1 (A) to enjoin further violation of such sub2 section by the defendant; 

3 (B) to compel compliance with such sub4 section; or 

5 (C) obtain damages, restitution, or other 

6 compensation on behalf of residents of the 

7 State. 

8 (2) NOTICE TO THE COMMISSION.— 

9 (A) NOTICE.—Except as provided in sub10 paragraph (C), the attorney general of a State 

11 shall notify the Commission in writing that the 

12 attorney general intends to bring a civil action 

13 under paragraph (1) not later than 10 days be14 fore initiating the civil action. 

15 (B) CONTENTS.—The notice required by 

16 subparagraph (A) shall include a copy of the 

17 complaint to be filed to initiate such civil ac18 tion. 

19 (C) EXCEPTION.—If it is not feasible for 

20 the attorney general of a State to provide the 

21 notice required by subparagraph (A), the attor22 ney general shall notify the Commission imme23 diately upon instituting a civil action under 

24 paragraph (1). 


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1 (3) INTERVENTION BY THE COMMISSION.—The 

2 Commission may— 

3 (A) intervene in any civil action brought by 

4 the attorney general of a State under this sub5 section; and 

6 (B) upon intervening, be heard on all mat7 ters arising in such civil action and file peti8 tions for appeal of a decision in such action. 

9 (4) INVESTIGATORY POWERS.—Nothing in this 

10 subsection may be construed to prevent the attorney 

11 general of a State from exercising the powers con12 ferred on the attorney general by the laws of the 

13 State to conduct investigations, to administer oaths 

14 or affirmations, or to compel the attendance of wit15 nesses or the production of documentary or other 

16 evidence. 

17 (5) PREEMPTIVE ACTION BY THE COMMIS18 SION.—If the Commission institutes a civil action or 

19 an administrative action for a violation of this sec20 tion, the attorney general of a State may not, during 

21 the pendency of such action, bring a civil action 

22 under this subsection against any defendant named 

23 in the complaint of the Commission for the violation 

24 with respect to which the Commission instituted 

25 such action. 


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1 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

2 (A) IN GENERAL.—In addition to any civil 

3 action brought by an attorney general under 

4 paragraph (1), any other consumer protection 

5 officer of a State who is authorized by the State 

6 to do so may bring a civil action under para7 graph (1), subject to the same requirements 

8 and limitations that apply under this subsection 

9 to civil actions brought by an attorney general. 

10 (B) SAVINGS PROVISION.—Nothing in this 

11 subsection may be construed to prohibit an au12 thorized official of a State from initiating or 

13 continuing any proceeding in a court of the 

14 State for a violation of any civil or criminal law 

15 of the State. 

16 (d) RULES OF CONSTRUCTION.— 

17 (1) SUBSTANTIALLY SIMILAR PRODUCTS.—For 

18 purposes of this section, two consumer products are 

19 substantially similar if there are no substantial dif20 ferences in the materials used in the product, the in21 tended use of the product, and the functional design 

22 and features of the product. A difference in coloring 

23 among any consumer products shall not be con24 strued as a substantial difference for purposes of 

25 this paragraph. 


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1 (2) SUBSTANTIALLY SIMILAR SERVICES.—For 

2 purposes of this section, two services are substan3 tially similar if there is no substantial difference in 

4 the amount of time to provide the services, the dif5 ficulty in providing the services, or the cost of pro6 viding the services. 

7 (e) DEFINITIONS.—In this section: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Federal Trade Commission. 

10 (2) CONSUMER PRODUCT.—The term ‘‘con11 sumer product’’— 

12 (A) has the meaning given such term in 

13 section 3 of the Consumer Product Safety Act 

14 (15 U.S.C. 2052); 

15 (B) includes a device or cosmetics, as such 

16 terms are defined in section 201 of the Federal 

17 Food, Drug, and Cosmetic Act (21 U.S.C. 

18 321); and 

19 (C) includes a child restraint system, as 

20 such term is defined in section 571.213 of title 

21 49, Code of Federal Regulations. 

Æ 


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