I 

116TH CONGRESS 

1ST SESSION H. R. 2048 

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 

APRIL 3, 2019 

Ms. SPEIER (for herself, Mrs. DINGELL, Ms. BONAMICI, Ms. WASSERMAN

SCHULTZ, Ms. JUDY CHU of California, Mr. CICILLINE, Mrs. CAROLYN

B. MALONEY of New York, Ms. MOORE, Mr. COHEN, Ms. NORTON, Ms. 

MENG, Ms. BROWNLEY of California, Mr. GRIJALVA, Ms. LOFGREN, Mr. 

MCNERNEY, Ms. SCHAKOWSKY, Mr. MCGOVERN, Ms. TITUS, Mr. 

KHANNA, Mr. RASKIN, Ms. CASTOR of Florida, Mr. JOHNSON of Georgia, 

Ms. ESHOO, Mrs. NAPOLITANO, Ms. VELA ́ZQUEZ, Ms. JAYAPAL, Mr. 

BEYER, Mr. LOWENTHAL, Mr. CISNEROS, Ms. JACKSON LEE, Ms. 

HAALAND, Mrs. WATSON COLEMAN, Ms. DELAURO, Ms. LEE of California, Mr. RYAN, Mrs. LAWRENCE, Ms. KELLY of Illinois, Ms. ROYBALALLARD, Mr. KILDEE, Mr. ESPAILLAT, Ms. DEAN, Mrs. TORRES of California, Mr. RUSH, Mr. POCAN, Ms. OCASIO-CORTEZ, Mr. THOMPSON of 

Mississippi, Mr. MALINOWSKI, Mr. LAWSON of Florida, Mr. GREEN of 

Texas, Ms. FRANKEL, and Mr. REED) 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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CON6 SUMER PRODUCTS AND SERVICES. 

7 (a) PROHIBITED PRACTICES.— 

8 (1) CONSUMER PRODUCTS.—It shall be unlaw9 ful for any person to sell or offer for sale in inter10 state commerce any two consumer products from the 

11 same manufacturer that are substantially similar if 

12 such products are priced differently based on the 

13 gender of the individuals for whose use the products 

14 are intended or marketed. 

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

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

17 substantially similar if such services are priced dif18 ferently based on the gender of the individuals for 

19 which the services are performed, offered, or mar20 keted. 

21 (b) UNFAIR AND DECEPTIVE ACT OR PRACTICE.— 

22 A violation of subsection (a) shall be treated as a violation 

23 of a rule prescribed under section 18(a)(1)(B) of the Fed24 eral Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) deVerDate Sep 11 2014 04:31 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048

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1 fining an unfair or deceptive act or practice in or affecting 

2 interstate commerce. 

3 (c) ENFORCEMENT.— 

4 (1) FEDERAL TRADE COMMISSION.—The Fed5 eral Trade Commission shall enforce this section in 

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

7 same jurisdiction as though all applicable terms and 

8 provisions of the Federal Trade Commission Act 

9 were incorporated into and made a part of this Act. 

10 (2) STATE ATTORNEYS GENERAL.— 

11 (A) CIVIL ACTION.—In any case in which 

12 the attorney general of a State has reason to 

13 believe that an interest of the residents of that 

14 State has been or is adversely affected by a vio15 lation of subsection (a), the attorney general 

16 may, as parens patriae, bring a civil action on 

17 behalf of the residents of the State in an appro18 priate district court of the United States— 

19 (i) to enjoin further violation of this 

20 Act by the defendant; 

21 (ii) to compel compliance with this 

22 Act; or 

23 (iii) obtain damages, restitution, or 

24 other compensation on behalf of residents 

25 of the State. 


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1 (B) NOTICE TO THE FTC.— 

2 (i) NOTICE.—Except as provided in 

3 clause (iii), the attorney general of a State 

4 shall notify the Commission in writing of 

5 any civil action under paragraph (2), prior 

6 to initiating such civil action. 

7 (ii) CONTENTS.—The notice required 

8 by clause (i) shall include a copy of the 

9 complaint to be filed to initiate such civil 

10 action. 

11 (iii) EXCEPTION.—If it is not feasible 

12 for the attorney general of a State to pro13 vide the notice required by clause (i), the 

14 State shall provide notice immediately 

15 upon instituting a civil action under sub16 paragraph (A). 

17 (C) INTERVENTION BY THE FTC.—Upon 

18 receiving notice required by subparagraph (B) 

19 with respect to a civil action, the Commission 

20 may— 

21 (i) intervene in such action; and 

22 (ii) upon intervening, be heard on all 

23 matters arising in such civil action and file 

24 petitions for appeal of a decision in such 

25 action. 


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1 (D) PREEMPTIVE ACTION BY THE FTC.— 

2 If the Commission institutes a civil action for 

3 violation of this Act, no attorney general of a 

4 State may bring a civil action under this para5 graph against any defendant named in the com6 plaint of the Commission for violation of this 

7 Act that is alleged in such complaint. 

8 (d) RULES OF CONSTRUCTION.— 

9 (1) SUBSTANTIALLY SIMILAR PRODUCTS.—For 

10 purposes of this Act, two consumer products are 

11 substantially similar if there are no substantial dif12 ferences in the materials used in the product, the in13 tended uses of the product, and the functional de14 sign and features of the product. A difference in 

15 coloring among any consumer products shall not be 

16 construed as a substantial difference for purposes of 

17 this paragraph. 

18 (2) SUBSTANTIALLY SIMILAR SERVICES.—For 

19 purposes of this Act, two services are substantially 

20 similar if there is no substantial difference in the 

21 amount of time to provide the services, the difficulty 

22 in providing the services, or the cost of providing the 

23 services. 

24 (e) DEFINITION OF CONSUMER PRODUCT.—The 

25 term ‘‘consumer product’’ has the meaning given such 


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1 term in section 3 of the Consumer Product Safety Act (15 

2 U.S.C. 2052) and includes a device or cosmetics, as such 

3 terms are defined in section 201 of the Federal Food, 

4 Drug, and Cosmetic Act (21 U.S.C. 321). Such term in5 cludes a child restraint system, as such term is defined 

6 in section 571.213 of title 49, Code of Federal Regula7 tions. 

Æ 


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