I 
115TH CONGRESS 
2D SESSION 
H. R. 5464 
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 10, 2018 
Ms. SPEIER (for herself, Ms. BONAMICI, Ms. BROWNLEY of California, Ms. 
CASTOR of Florida, Mr. CICILLINE, Mr. COHEN, Ms. DELAURO, Mr. GRI-
JALVA, Mr. KILDEE, Ms. LEE, Mr. LOWENTHAL, Mrs. CAROLYN B. 
MALONEY of New York, Mr. MCGOVERN, Ms. MOORE, Mrs. NAPOLI-
TANO, 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 individ-
uals for whose use the products are intended or marketed 
or for whom the services are performed or offered. 
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’’. 
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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-
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 
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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. 
(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. 
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(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. 
(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-
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