Alleged ‘Pink Tax’ Class Actions Against OTC Personal-Care Brands Moving Through Federal Courts

Walgreen Co. seeks to dismiss allegations in California’s Northern District that it unlawfully charges more for its OTC Hair Regrowth Treatment for women compared with a “functionally equivalent” offering for men. The suit follows “pink tax” litigation concerning Dove antiperspirants that defendants dismissed in July 2020, a decision affirmed by the Eighth Circuit in May.

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Concerns about women being charged more than men for the same products and services have heightened in recent years, driving calls for an end to gender-based pricing discrimination that contributes to economic inequality between the sexes.

Bills have been passed at the US state level, including in California and New York, to address the issue, and related legislation has been introduced in US Congress as well....

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