I 

115TH CONGRESS 

2D SESSION H. R. 5464 

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 10, 2018 

Ms. SPEIER (for herself, Ms. BONAMICI, Ms. BROWNLEY of California, Ms. 

CASTOR of Florida, Mr. CICILLINE, Mr. COHEN, Ms. DELAURO, Mr. GRIJALVA, Mr. KILDEE, Ms. LEE, Mr. LOWENTHAL, Mrs. CAROLYN B. 

MALONEY of New York, Mr. MCGOVERN, Ms. MOORE, Mrs. NAPOLITANO, Ms. NORTON, Ms. TITUS, Ms. WASSERMAN SCHULTZ, Mr. 

KHANNA, Mr. RYAN of Ohio, Mrs. DINGELL, Mrs. BUSTOS, Ms. MENG, 

Ms. ESHOO, Mr. TED LIEU of California, Ms. SCHAKOWSKY, Ms. JUDY

CHU of California, 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, 

3 SECTION 1. SHORT TITLE. 

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


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1 SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CON2 SUMER PRODUCTS AND SERVICES. 

3 (a) PROHIBITED PRACTICES.— 

4 (1) CONSUMER PRODUCTS.—It shall be unlaw5 ful for any person to sell or offer for sale in inter6 state commerce any two consumer products from the 

7 same manufacturer that are substantially similar if 

8 such products are priced differently based on the 

9 gender of the individuals for whose use the products 

10 are intended or marketed. 

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

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

13 substantially similar if such services are priced dif14 ferently based on the gender of the individuals for 

15 which the services are performed, offered, or mar16 keted. 

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

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

19 of a rule prescribed under section 18(a)(1)(B) of the Fed20 eral Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) de21 fining an unfair or deceptive act or practice in or affecting 

22 interstate commerce. 

23 (c) ENFORCEMENT.— 

24 (1) FEDERAL TRADE COMMISSION.—The Fed25 eral Trade Commission shall enforce this section in 

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


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1 same jurisdiction as though all applicable terms and 

2 provisions of the Federal Trade Commission Act 

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

4 (2) STATE ATTORNEYS GENERAL.— 

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

6 the attorney general of a State has reason to 

7 believe that an interest of the residents of that 

8 State has been or is adversely affected by a vio9 lation of subsection (a), the attorney general 

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

11 behalf of the residents of the State in an appro12 priate district court of the United States— 

13 (i) to enjoin further violation of this 

14 Act by the defendant; 

15 (ii) to compel compliance with this 

16 Act; or 

17 (iii) obtain damages, restitution, or 

18 other compensation on behalf of residents 

19 of the State. 

20 (B) NOTICE TO THE FTC.— 

21 (i) NOTICE.—Except as provided in 

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

23 shall notify the Commission in writing of 

24 any civil action under paragraph (2), prior 

25 to initiating such civil action. 


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1 (ii) CONTENTS.—The notice required 

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

3 complaint to be filed to initiate such civil 

4 action. 

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

6 for the attorney general of a State to pro7 vide the notice required by clause (i), the 

8 State shall provide notice immediately 

9 upon instituting a civil action under sub10 paragraph (A). 

11 (C) INTERVENTION BY THE FTC.—Upon 

12 receiving notice required by subparagraph (B) 

13 with respect to a civil action, the Commission 

14 may— 

15 (i) intervene in such action; and 

16 (ii) upon intervening, be heard on all 

17 matters arising in such civil action and file 

18 petitions for appeal of a decision in such 

19 action. 

20 (D) PREEMPTIVE ACTION BY THE FTC.— 

21 If the Commission institutes a civil action for 

22 violation of this Act, no attorney general of a 

23 State may bring a civil action under this para24 graph against any defendant named in the comVerDate Sep 11 2014 04:08 Apr 11, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5464.IH H5464

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1 plaint of the Commission for violation of this 

2 Act that is alleged in such complaint. 

3 (d) RULES OF CONSTRUCTION.— 

4 (1) SUBSTANTIALLY SIMILAR PRODUCTS.—For 

5 purposes of this Act, two consumer products are 

6 substantially similar if there are no substantial dif7 ferences in the materials used in the product, the in8 tended uses of the product, and the functional de9 sign and features of the product. A difference in 

10 coloring among any consumer products shall not be 

11 construed as a substantial difference for purposes of 

12 this paragraph. 

13 (2) SUBSTANTIALLY SIMILAR SERVICES.—For 

14 purposes of this Act, two services are substantially 

15 similar if there is no substantial difference in the 

16 amount of time to provide the services, the difficulty 

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

18 services. 

19 (e) DEFINITION OF CONSUMER PRODUCT.—The 

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

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

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

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

24 Drug, and Cosmetic Act (21 U.S.C. 321). Such term in25 cludes a child restraint system, as such term is defined 


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1 in section 571.213 of title 49, Code of Federal Regula2 tions. 

Æ 


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