Wayne County Commission calls for ending tax on menstrual products

Published on May 20, 2021

Wayne County Seal - Commission news item

Wayne County Commissioners today called for the state to end its tax on menstrual products, calling the tax an especially unfair burden on people of limited means.

In approving the resolution, commissioners noted that menstrual products, including tampons and sanitary napkins, are considered luxury items under the existing state tax code, instead of necessities.

Commissioner Melissa Daub (D-Canton), who sponsored the resolution, also noted that studies have indicated that a lack of access to such products forces nearly 20 percent of young women to miss school days each year and that “period poverty” disproportionally affects women of color and immigrants.

Two Michigan Senate bills, S.B. 153 and S.B. 154, were introduced this year to eliminate the tax, but neither has received a public hearing yet. The state also faces a lawsuit alleging the tax violates the equal protection clause of the U.S. Constitution.

The resolution also noted that 20 other U.S. states currently do not tax menstrual products.

The tax was among the initial items discussed by the Wayne County Women’s Commission, which was formed this year to address issues of concern to women in Wayne County.

Commissioner Daub is the county commission’s representative on that 15-member body, which also features appointees from every county commission district.

RESOLUTION
By Commissioner Daub and Co-sponsored by Commissioners Anderson, Baydoun, Clark-Coleman, Killeen and Baker McCormick

WHEREAS, according to the U.S. Census, as of 2019, there were 166.7 million women in the United States of America, and of that number, 5.017 million women were located in Michigan, and 907,127 of those made up the total population of women in Wayne County; and

WHEREAS, the average person spends 3,500 days menstruating, which equals 11,000 menstrual products used over a lifetime, and despite being a necessity, 30 states, including Michigan, still tax period products, only 6 states require them to be provided by schools and only 13 states require them to be provided in jails; and

WHEREAS, Michigan is not one of those states. Michigan Senate Bills 153 and 154 and House Bills 4270 and 4271 were introduced in February to ban the tampon tax, none of which have received a hearing, and Michigan is currently being sued by residents who state that the tampon tax is a violation of the equal protection clause of the 14th Amendment of the U.S. Constitution; and

WHEREAS, period poverty is a public health crisis, as 1 in 10 college students face period poverty, and 1 in 5 girls miss school due to a lack of access to menstrual products, and it is known that period poverty disproportionately affects people of color and immigrants; and

WHEREAS, alternatives to period products create a heightened risk for urogenital infections, such as urinary tract infections and bacterial vaginosis, and are also associated with outcomes such a skin irritation and vaginal itching; and

WHEREAS, the emotional toll accompanying lack of access is related to poor mental health outcomes, such as elevated anxiety, depression and distress scores; and

WHEREAS, further, we can be grateful to the Coronavirus Aid, Relief, and Economic Security Act, as people can now use their health savings accounts to purchase period products because Supplemental Nutrition Assistance Program benefits cannot be used for period products. However, more needs to be done because those who do not have a health savings account do not have such privileges. Now therefore be it

RESOLVED, that the Wayne County Commission on this 20th day of May, 2021 calls upon all municipalities, the State of Michigan and Congress to take more progressive measures to end the tampon tax to alleviate the toll it takes on women every day. Let a copy of this resolution be shared with all 43 Wayne County municipalities, the entire Michigan Legislature and Congress.

Wayne County Commission calls for ending tax on menstrual products(PDF, 186KB)

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