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H.R. 3374: Pink Tax Repeal Act

This bill, known as the Pink Tax Repeal Act, aims to eliminate pricing disparities based on gender for similar consumer products and services. Here is a detailed summary of its provisions:

Prohibited Practices

The bill establishes two main prohibitions:

Consumer Products: It will be illegal for any company to sell or offer for sale two products from the same manufacturer that are substantially similar, if these products are priced differently based on the gender of the individuals for whom they are intended or marketed.
Services: Similarly, it will be illegal to provide services that are substantially similar if the services are priced differently based on the gender of the individuals for whom the services are performed or marketed.

Definition of Substantially Similar

The bill defines "substantially similar" products as those with no major differences in materials used, intended use, or functional design and features. Additionally, a difference in color is not considered a substantial difference. For services, they are considered substantially similar if there is no significant difference in the time required to provide them, the difficulty of providing them, or their cost.

Enforcement

The enforcement of this bill will be managed by the Federal Trade Commission (FTC). The following points outline the enforcement structure:

Violations of the pricing prohibitions will be treated as unfair or deceptive acts, which will give the FTC the authority to take action.
The FTC will use its existing powers from the Federal Trade Commission Act to investigate and enforce the provisions of this bill.
Individuals or entities found in violation could face penalties set forth under the FTC Act.

State Attorneys General

The bill allows state attorneys general to take civil action if they believe that the rights of state residents have been harmed. This includes the ability to:

Seek a court order to stop further violations.
Force compliance with the law.
Obtain damages or compensation for affected residents.

Before initiating such actions, state attorneys general must notify the FTC of their intentions, although there are exceptions for immediate notification in urgent cases.

Additional Enforcement Powers

The FTC has the right to intervene in civil actions brought by state attorneys general. It also retains its investigatory powers to examine potential violations and can pursue actions against individuals or entities suspected of discrimination in pricing.