A class-action lawsuit was filed Thursday against New York State's tax department arguing that it is unlawfully taxing tampons and other feminine hygiene products.
The suit, filed in state Supreme Court in Manhattan, argues that medical items are exempt from sales tax in New York.
Foot powder, adult diapers and dandruff shampoo are exempt from tax, the suit notes. But some items used by women — including tampons and sanitary pads — are unlawfully taxed, argue five New York women named as plaintiffs in the suit.
Last month, legislators voted to uphold the so-called tampon tax in Utah. It was eliminated in Pennsylvania and Minnesota.
A spokeswoman for Democratic New York Gov. Andrew Cuomo said he believes the tax should be repealed and will work to eliminate it.