Bills of Congress by U.S. Congress

H.R.3374 - Pink Tax Repeal Act (119th Congress)

Summary

H.R. 3374, the Pink Tax Repeal Act, aims to prohibit gender-based pricing for substantially similar consumer products and services. The bill makes it unlawful to price products or services differently based on the gender of the intended user. It empowers the Federal Trade Commission (FTC) to enforce these provisions and allows state attorneys general to bring civil actions against violators.

Expected Effects

The primary effect of this bill would be to eliminate price discrepancies between products and services marketed towards different genders when those products and services are substantially similar. This could lead to more transparent and equitable pricing practices. Consumers may benefit from reduced costs for certain goods and services.

Potential Benefits

  • Ensures fairer pricing for consumers by eliminating gender-based price discrimination.
  • Empowers the FTC to enforce the law, providing a federal mechanism for addressing violations.
  • Allows state attorneys general to take action, increasing the likelihood of enforcement.
  • Promotes greater transparency in pricing practices.
  • Could lead to cost savings for consumers, particularly women, who may be disproportionately affected by the 'pink tax'.

Potential Disadvantages

  • May be difficult to determine what constitutes 'substantially similar' products or services, leading to potential legal challenges.
  • Could increase compliance costs for businesses as they adjust pricing strategies.
  • The definition of 'consumer product' relies on references to other acts, which could create confusion or loopholes.
  • Enforcement may strain the resources of the FTC and state attorneys general.
  • Some businesses may argue that price differences reflect legitimate variations in production costs or marketing expenses.

Constitutional Alignment

The bill's alignment with the Constitution is primarily rooted in Congress's power to regulate interstate commerce (Article I, Section 8, Clause 3). By prohibiting gender-based pricing discrimination in interstate commerce, the bill seeks to ensure fair and equitable economic practices. The enforcement mechanisms provided to the FTC are consistent with the delegation of regulatory authority by Congress. The bill does not appear to infringe upon any specific constitutional rights or liberties.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).