I 
116TH CONGRESS 
1ST SESSION H. R. 2048 
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 
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 Cali-
fornia, Mr. RYAN, Mrs. LAWRENCE, Ms. KELLY of Illinois, Ms. ROYBAL- 
ALLARD, Mr. KILDEE, Mr. ESPAILLAT, Ms. DEAN, Mrs. TORRES of Cali-
fornia, 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 individ-
uals for whose use the products are intended or marketed 
or for whom the services are performed or offered. 
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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) UNFAIR AND DECEPTIVE ACT OR PRACTICE.— 
A violation of subsection (a) shall be treated as a violation 
of a rule prescribed under section 18(a)(1)(B) of the Fed-
eral Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) de-
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fining an unfair or deceptive act or practice in or affecting 
interstate commerce. 
(c) ENFORCEMENT.— 
(1) FEDERAL TRADE COMMISSION.—The Fed-
eral Trade Commission shall enforce this section in 
the same manner, by the same means, and with the 
same jurisdiction as though all applicable terms and 
provisions of the Federal Trade Commission Act 
were incorporated into and made a part of this Act. 
(2) STATE ATTORNEYS GENERAL.— 
(A) CIVIL ACTION.—In any case in which 
the attorney general of a State has reason to 
believe that an interest of the residents of that 
State has been or is adversely affected by a vio-
lation of subsection (a), the attorney general 
may, as parens patriae, bring a civil action on 
behalf of the residents of the State in an appro-
priate district court of the United States— 
(i) to enjoin further violation of this 
Act by the defendant; 
(ii) to compel compliance with this 
Act; or 
(iii) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State. 
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(B) NOTICE TO THE FTC.— 
(i) NOTICE.—Except as provided in 
clause (iii), the attorney general of a State 
shall notify the Commission in writing of 
any civil action under paragraph (2), prior 
to initiating such civil action. 
(ii) CONTENTS.—The notice required 
by clause (i) shall include a copy of the 
complaint to be filed to initiate such civil 
action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notice required by clause (i), the 
State shall provide notice immediately 
upon instituting a civil action under sub-
paragraph (A). 
(C) INTERVENTION BY THE FTC.—Upon 
receiving notice required by subparagraph (B) 
with respect to a civil action, the Commission 
may— 
(i) intervene in such action; and 
(ii) upon intervening, be heard on all 
matters arising in such civil action and file 
petitions for appeal of a decision in such 
action. 
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(D) PREEMPTIVE ACTION BY THE FTC.— 
If the Commission institutes a civil action for 
violation of this Act, no attorney general of a 
State may bring a civil action under this para-
graph against any defendant named in the com-
plaint of the Commission for violation of this 
Act that is alleged in such complaint. 
(d) RULES OF CONSTRUCTION.— 
(1) SUBSTANTIALLY SIMILAR PRODUCTS.—For 
purposes of this Act, two consumer products are 
substantially similar if there are no substantial dif-
ferences in the materials used in the product, the in-
tended uses of the product, and the functional de-
sign and features of the product. A difference in 
coloring among any consumer products shall not be 
construed as a substantial difference for purposes of 
this paragraph. 
(2) SUBSTANTIALLY
SIMILAR
SERVICES.—For 
purposes of this Act, two services are substantially 
similar if there is no substantial difference in the 
amount of time to provide the services, the difficulty 
in providing the services, or the cost of providing the 
services. 
(e) DEFINITION
OF
CONSUMER
PRODUCT.—The 
term ‘‘consumer product’’ has the meaning given such 
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term in section 3 of the Consumer Product Safety Act (15 
U.S.C. 2052) and 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). Such term in-
cludes a child restraint system, as such term is defined 
in section 571.213 of title 49, Code of Federal Regula-
tions. 
Æ 
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