119-hr3374

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3374 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3374

 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 individuals for whose use the 
 products are intended or marketed or for whom the services are 
 performed or offered.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 13, 2025

 Mrs. Torres of California (for herself, Ms. Castor of Florida, Ms. 
 Norton, Ms. Kelly of Illinois, Mrs. Watson Coleman, Ms. Brownley, Ms. 
 Moore of Wisconsin, Mr. McGovern, Mrs. Cherfilus-McCormick, Ms. Lois 
 Frankel of Florida, Ms. Jayapal, Ms. Titus, Ms. Dean of Pennsylvania, 
 Mr. Beyer, Mr. Johnson of Georgia, Ms. Wasserman Schultz, Mr. Khanna, 
 Ms. Chu, Mrs. Beatty, and Ms. Omar) 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 individuals 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 Representatives 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 CONSUMER PRODUCTS AND 
 SERVICES.

    (a) Prohibited Practices.--

    (1) Consumer products.--It shall be unlawful for any person 
 to sell or offer for sale in interstate 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 differently based on the gender of 
 the individuals for which the services are performed, offered, 
 or marketed.

    (b) Enforcement by the Commission.--

    (1) 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 Federal Trade 
 Commission Act (15 U.S.C. 57a

    (a)

    (1)
        (B) ) defining an unfair or 
 deceptive act or practice in or affecting interstate commerce.

    (2) Powers of the commission.--The Federal 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 immunities 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 subsection

    (a) , the attorney general may, as 
 parens patriae, bring a civil action on behalf of the residents 
 of the State in an appropriate district court of the United 
 States--
        (A) to enjoin further violation of such subsection 
 by the defendant;
        (B) to compel compliance with such subsection; 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 subparagraph
            (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 before 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 action.
            (C) Exception.--If it is not feasible for the 
 attorney general of a State to provide the notice 
 required by subparagraph
        (A) , the attorney general 
 shall notify the Commission immediately 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 subsection; and
        (B) upon intervening, be heard on all matters 
 arising in such civil action and file petitions 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 conferred on the attorney general by the 
 laws of the State to conduct investigations, to administer 
 oaths or affirmations, or to compel the attendance of witnesses 
 or the production of documentary or other evidence.

    (5) Preemptive action by the commission.--If the Commission 
 institutes a civil action or an administrative action for a 
 violation of this section, 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 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 paragraph

    (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 authorized 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 differences in the materials used in 
 the product, the intended use of the product, and the 
 functional design 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 
 section, 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) 

=== Definitions. ===
-In this section:

    (1) Commission.--The term ``Commission'' means the Federal 
 Trade Commission.

    (2) Consumer product.--The term ``consumer 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.
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