AB 1287 - California’s Pink Tax Law

The “Pink Tax” is illegal in California; gender-based price differences for substantially similar consumer products violate California law, including AB 1287. Because the Attorney General has enforcement authority for violations of California’s Pink Tax Law, it is critical that we hear from the public about potential violations of the law.

What is the Pink Tax?

When items marketed to women or girls are priced higher than the same or substantially similar items marketed to men or boys, the price difference that women have to pay is called the Pink Tax.

Women make up as much as 85% of consumer purchases in the United States — they also often face higher prices for seemingly neutral products. Unequal pricing translates into unjust and harmful financial impacts for women, girls, and their families.

AB 1287

AB 1287, California’s Pink Tax Law, codified at Civil Code section 51.14, prohibits charging different prices for goods that are substantially similar but are priced differently based on the gender of the product’s target audience, with products marketed to women or girls typically having higher prices.

In passing AB 1287, the Legislature cited considerable evidence of the existence of the Pink Tax, including a 2015 study showing that girls’ or women’s products cost more than similar products for boys or men 42% of the time. On average, the study found, women’s products cost 7% more and as much as 13% more for personal care products. 1

Some examples of the types of consumer products where gender-based differential pricing may be found include:

  • Toys and accessories (e.g., pink vs. red bikes and scooters, general toys, pink vs. blue helmets, pads, arts and crafts);
  • Children’s clothing;
  • Adult clothing;
  • Personal care products (e.g., hair care products, razors and razor cartridges, lotions); and
  • Senior/home health care products (e.g., personal urinals, supports and braces, canes).

The law does not prohibit charging different prices for substantially similar goods for gender-neutral reasons. AB 1287 identifies five specific examples of gender-neutral reasons:

  • The amount of time to manufacture the goods.
  • The difficulty of manufacturing the goods.
  • The cost incurred to manufacture the goods.
  • The labor used to manufacture the goods.
  • The materials used to manufacture the goods.

In addition to the above, AB 1287 also allows for any other gender-neutral reason for charging a different price for those goods.

To File a Complaint

Because the Attorney General has enforcement authority for violations of the “Pink Tax” law, it is critical that we hear from the public about potential violations of the law. If you have seen or been a victim of gender-based price differences that you believe violate the law, please file a complaint here.