I 
117TH CONGRESS 
1ST SESSION H. R. 3853 
To prohibit the pricing of consumer products and services that are substan-
tially 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 
JUNE 11, 2021 
Ms. SPEIER (for herself, Ms. LOIS FRANKEL of Florida, Mr. EVANS, Ms. LEE 
of California, Ms. WASSERMAN SCHULTZ, Ms. TITUS, Mr. GARCI´A of Illi-
nois, Ms. KELLY of Illinois, Mrs. LAWRENCE, Mr. BEYER, Mr. RASKIN, 
Ms. MOORE of Wisconsin, Mr. LOWENTHAL, Mr. MCGOVERN, Ms. JACK-
SON LEE, Mrs. BUSTOS, Mr. SOTO, Mr. REED, Mr. FITZPATRICK, Ms. 
CHU, Ms. NORTON, Ms. OMAR, Mrs. HAYES, Mrs. CAROLYN B. MALO-
NEY of New York, Ms. BONAMICI, Mrs. DINGELL, Ms. BROWNLEY, Mr. 
LAWSON of Florida, Mrs. BEATTY, Mr. GRIJALVA, Ms. OCASIO-CORTEZ, 
Mr. JOHNSON of Georgia, Ms. VELA´ZQUEZ, Mr. CICILLINE, Mr. RYAN, 
Mrs. WATSON COLEMAN, Mr. POCAN, Ms. TLAIB, Ms. JAYAPAL, Mr. 
LIEU, Ms. MENG, Mr. HARDER of California, Ms. ROYBAL-ALLARD, Mr. 
CARSON, Ms. CASTOR of Florida, and Ms. DEAN) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
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 individ-
uals for whose use the products are intended or marketed 
or for whom the services are performed or offered. 
VerDate Sep 11 2014 
01:59 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3853.IH
H3853
pbinns on DSKJLVW7X2PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pink Tax Repeal Act’’. 
SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CON-
SUMER PRODUCTS AND SERVICES. 
(a) PROHIBITED PRACTICES.— 
(1) CONSUMER PRODUCTS.—It shall be unlaw-
ful for any person to sell or offer for sale in inter-
state commerce any two consumer products from the 
same manufacturer that are substantially similar if 
such products are priced differently based on the 
gender of the individuals for whose use the products 
are intended or marketed. 
(2) SERVICES.—It shall be unlawful for any 
person to sell or offer for sale any services that are 
substantially similar if such services are priced dif-
ferently based on the gender of the individuals for 
which the services are performed, offered, or mar-
keted. 
(b) ENFORCEMENT BY THE COMMISSION.— 
(1) UNFAIR
AND
DECEPTIVE
ACT
OR
PRAC-
TICE.—A violation of subsection (a) shall be treated 
as a violation of a rule prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act 
VerDate Sep 11 2014 
01:59 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3853.IH
H3853
pbinns on DSKJLVW7X2PROD with BILLS
(15 U.S.C. 57a(a)(1)(B)) defining an unfair or de-
ceptive act or practice in or affecting interstate com-
merce. 
(2) POWERS OF THE COMMISSION.—The Fed-
eral Trade Commission shall enforce this section in 
the same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal Trade 
Commission Act were incorporated into and made a 
part of this Act. 
(3) PRIVILEGES AND IMMUNITIES.—Any person 
who violates subsection (a) shall be subject to the 
penalties and entitled to the privileges and immuni-
ties provided in the Federal Trade Commission Act 
(15 U.S.C. 41 et seq.). 
(4) AUTHORITY PRESERVED.—Nothing in this 
section shall be construed to limit the authority of 
the Commission under any other provision of law. 
(c) STATE ATTORNEYS GENERAL.— 
(1) CIVIL ACTION.—In any case in which the 
attorney general of a State has reason to believe 
that an interest of the residents of the State has 
been or is adversely affected by a violation of sub-
section (a), the attorney general may, as parens 
patriae, bring a civil action on behalf of the resi-
VerDate Sep 11 2014 
01:59 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3853.IH
H3853
pbinns on DSKJLVW7X2PROD with BILLS
dents of the State in an appropriate district court of 
the United States— 
(A) to enjoin further violation of such sub-
section by the defendant; 
(B) to compel compliance with such sub-
section; or 
(C) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State. 
(2) NOTICE TO THE COMMISSION.— 
(A) NOTICE.—Except as provided in sub-
paragraph (C), the attorney general of a State 
shall notify the Commission in writing that the 
attorney general intends to bring a civil action 
under paragraph (1) not later than 10 days be-
fore initiating the civil action. 
(B) CONTENTS.—The notice required by 
subparagraph (A) shall include a copy of the 
complaint to be filed to initiate such civil ac-
tion. 
(C) EXCEPTION.—If it is not feasible for 
the attorney general of a State to provide the 
notice required by subparagraph (A), the attor-
ney general shall notify the Commission imme-
VerDate Sep 11 2014 
01:59 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3853.IH
H3853
pbinns on DSKJLVW7X2PROD with BILLS
diately upon instituting a civil action under 
paragraph (1). 
(3) INTERVENTION BY THE COMMISSION.—The 
Commission may— 
(A) intervene in any civil action brought by 
the attorney general of a State under this sub-
section; and 
(B) upon intervening, be heard on all mat-
ters arising in such civil action and file peti-
tions for appeal of a decision in such action. 
(4) INVESTIGATORY POWERS.—Nothing in this 
subsection may be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the 
State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(5) PREEMPTIVE
ACTION
BY
THE
COMMIS-
SION.—If the Commission institutes a civil action or 
an administrative action for a violation of this sec-
tion, the attorney general of a State may not, during 
the pendency of such action, bring a civil action 
under this subsection against any defendant named 
in the complaint of the Commission for the violation 
VerDate Sep 11 2014 
01:59 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3853.IH
H3853
pbinns on DSKJLVW7X2PROD with BILLS
with respect to which the Commission instituted 
such action. 
(6) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to any civil 
action brought by an attorney general under 
paragraph (1), any other consumer protection 
officer of a State who is authorized by the State 
to do so may bring a civil action under para-
graph (1), subject to the same requirements 
and limitations that apply under this subsection 
to civil actions brought by an attorney general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
(d) RULES OF CONSTRUCTION.— 
(1) SUBSTANTIALLY SIMILAR PRODUCTS.—For 
purposes of this section, two consumer products are 
substantially similar if there are no substantial dif-
ferences in the materials used in the product, the in-
tended use of the product, and the functional design 
and features of the product. A difference in coloring 
among any consumer products shall not be con-
VerDate Sep 11 2014 
01:59 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3853.IH
H3853
pbinns on DSKJLVW7X2PROD with BILLS
strued as a substantial difference for purposes of 
this paragraph. 
(2) SUBSTANTIALLY
SIMILAR
SERVICES.—For 
purposes of this section, two services are substan-
tially similar if there is no substantial difference in 
the amount of time to provide the services, the dif-
ficulty in providing the services, or the cost of pro-
viding the services. 
(e) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) CONSUMER
PRODUCT.—The term ‘‘con-
sumer product’’— 
(A) has the meaning given such term in 
section 3 of the Consumer Product Safety Act 
(15 U.S.C. 2052); 
(B) includes a device or cosmetics, as such 
terms are defined in section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
321); and 
(C) includes a child restraint system, as 
such term is defined in section 571.213 of title 
49, Code of Federal Regulations. 
Æ 
VerDate Sep 11 2014 
01:59 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H3853.IH
H3853
pbinns on DSKJLVW7X2PROD with BILLS