Sales tax on feminine products by state depends on where you live: about 19 states still charge their regular sales tax on tampons, pads, and other menstrual items, roughly 27 states have passed permanent exemptions, and five states have no general sales tax at all. There is no federal law forcing states one way or the other, so the rule at your register is set by your state legislature.
To confirm what applies to you, check your state’s department of revenue website, or look at the tax line on a recent receipt for a box of tampons or pads. In an exemption state that line should read zero. In a state that still taxes these items, combined state and local rates typically add somewhere between about 4 percent and over 7 percent to the price.
Which States Have Dropped the Tax
The shift happened quickly. More than a dozen states passed exemptions between 2019 and 2025, and as of early 2026 roughly 27 states have permanent exemptions on the books. Some folded menstrual products into their existing grocery or household-necessity exemption; others wrote standalone laws. A handful have only temporary exemptions with expiration dates, so the tax can return unless the legislature renews the law.
Five states charge no general sales tax at all, so menstrual products were never taxed there to begin with. That leaves the remaining states, about 19, still applying their standard rate.
Which Products the Exemption Usually Covers
Exemption laws vary in exact wording, but most cover the same core list:
- Disposable products: tampons, sanitary pads, and pantyliners
- Reusable products: menstrual cups, menstrual discs, menstrual sponges, and period underwear
- In some states, products used for postpartum bleeding as well as menstruation
Products marketed primarily for incontinence are classified separately in most states and may or may not qualify. For items that could fall in either category, the packaging language and the retailer’s product coding determine whether the exemption applies at checkout.
What the Tax Actually Costs
Average annual spending on menstrual products runs roughly $120 to $180. At a combined 7 percent rate, that is about $8 to $13 per year in tax. Across roughly 40 years of menstruation, the cumulative tax comes to somewhere between $300 and $500 per person in a state that still charges it.
Buying Menstrual Products Pre-Tax With an HSA or FSA
Whatever your state does, federal law lets you pay for menstrual products with pre-tax dollars. The CARES Act, effective for amounts paid after December 31, 2019, added menstrual care products to the list of qualified medical expenses.1Office of the Law Revision Counsel. 26 USC 223 – Health Savings Accounts You can use a Health Savings Account, Flexible Spending Account, or Health Reimbursement Arrangement to buy them.
The IRS confirms that amounts paid for menstrual care products count as medical care for all three account types.2IRS. Publication 969 – Health Savings Accounts and Other Tax-Favored Health Plans Eligible items include tampons, pads, liners, cups, and sponges. Because contributions to these accounts come out before income and payroll taxes, buying menstrual products this way saves you whatever your marginal tax rate is on that spending. For someone in the 22 percent federal bracket, that is roughly 22 cents off every dollar, plus any state income tax savings on top.
The easiest method is to pay with your HSA or FSA debit card at the register. If you paid out of pocket, save the receipt and file a reimbursement claim through your plan administrator. Most major retailers already code menstrual products as HSA/FSA-eligible, so the transaction goes through without extra steps.
Is There a Federal Ban on the Tax
No. The Menstrual Equity For All Act of 2025, introduced in the 119th Congress, would make it unlawful for any state or local government to impose sales tax on menstrual products, including pads, tampons, liners, cups, discs, and menstrual underwear.3Congress.gov. 119th Congress: Menstrual Equity For All Act of 2025 An earlier version introduced in 2023 did not advance past committee.4Congress.gov. HR 3646 – Menstrual Equity For All Act of 2023 Neither bill has become law, so the answer for now is set entirely at the state level.
If You Were Charged Tax on an Exempt Product
Once a state exemption takes effect, retailers reprogram their point-of-sale systems so covered products ring up at zero tax and nothing is required from the customer. If you were charged sales tax on an exempt product after the effective date, you can usually request a refund from the retailer or file a claim with your state’s tax authority.