Whether there is tax on feminine products by state depends on where you shop: roughly 27 states have exempted menstrual products from sales tax, 5 states have no general sales tax at all, and about 19 states still charge their standard rate on tampons, pads, cups, and similar items. No federal law currently blocks states from taxing these products. If you live in a state that still taxes them, you can lower the effective cost by paying with pre-tax money from a Health Savings Account or Flexible Spending Account.
Which States Still Tax Menstrual Products
As of early 2026, about 19 states continue to apply their standard sales tax to feminine hygiene products. Combined state and local rates in those states can add roughly 4 percent to over 7 percent to the price of every box of tampons or pads.
The exemption wave moved quickly between 2019 and 2025, with more than a dozen states passing legislation during that window. Some folded menstrual products into existing exemptions for groceries or household necessities; others wrote standalone exemption laws. A handful passed only temporary exemptions with built-in expiration dates, meaning the tax can return unless lawmakers renew the exemption.
Five states have no statewide sales tax to begin with, so menstrual products were never taxed there. In the remaining exemption states, the tax line for a box of pads or tampons should read zero.
What Products Qualify for the Exemption
States that exempt feminine products generally cover the same core list, though exact wording varies:
- Disposable products: tampons, sanitary pads, pantyliners
- Reusable products: menstrual cups, menstrual discs, menstrual sponges, period underwear
- Postpartum care items in some states, where the exemption extends to products used for postpartum bleeding and not just menstruation
Products sold primarily for incontinence rather than menstruation are usually classified separately and may or may not qualify. For items that straddle both categories, the packaging language and the retailer’s product classification determine whether the exemption applies at the register.
How to Confirm Your State’s Rule and Fix a Wrong Charge
Check your state’s department of revenue website if you are unsure whether the exemption applies where you live. The simpler test is your receipt: in an exemption state, the tax on a menstrual-product line should be zero.
If you were charged sales tax on an exempt product after the exemption’s effective date, you can usually request a refund from the retailer. If the retailer will not correct it, you can file a claim with your state’s tax authority.
Buying Menstrual Products With HSA, FSA, or HRA Funds
Your state’s sales tax rule is not the only lever on price. Federal law lets you buy menstrual products with pre-tax dollars no matter where you live. The CARES Act, effective for amounts paid after December 31, 2019, added menstrual care products to the list of qualified medical expenses under the federal tax code, making them eligible for Health Savings Accounts, Flexible Spending Accounts, and Health Reimbursement Arrangements.1Office of the Law Revision Counsel. 26 USC 223 – Health Savings Accounts
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 HSA and FSA contributions come out of your paycheck before income and payroll taxes are calculated, 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 works out to roughly 22 cents off every dollar spent on these products, plus any state income tax savings.
To use the benefit, pay with your HSA or FSA debit card at the register, or save your receipt and submit a reimbursement claim through your plan administrator. Most major retailers already code menstrual products as FSA/HSA-eligible, so the transaction usually processes without extra steps.
What a Federal Ban Would Change
Federal lawmakers have tried to end state taxation of menstrual products through legislation. 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 a sales tax on menstrual products, including pads, tampons, liners, menstrual 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 exemptions remain a state-by-state decision.
The Dollar Impact
Average annual spending on menstrual products runs roughly $120 to $180. In a state with a combined 7 percent sales tax rate, that translates to about $8 to $13 per year in tax. Over a roughly 40-year span of menstruation, the cumulative tax burden lands somewhere between $300 and $500 per person.
The per-purchase hit is small, but it is also the piece you can act on today: confirm your state’s status on your next receipt, and if you have access to an HSA or FSA, route the purchase through that account to shave your marginal tax rate off the price.