TO: Senator Patty Murray, Chairwoman of the U.S.

Senate Committee on Health, Education,

Labor, and Pensions
FROM: Davontae Foxx-Drew, Student at the University of Michigan – Ann
Arbor
SUBJECT: Women's Protection Act of 2021 Expansions
DATE: November 25, 2021

Executive Summary
Despite the passing of the landmark Supreme Court Case Roe v. Wade in 1973, which legalized
abortions nationwide, the policing of women's health rights has continued to remain (Grimes et
al. 2004). In the United States, for women aged 15-44, abortions are one of the most common
medical procedures performed during early signs of pregnancy (Jose et al., 2008; Grimes et al.,
2004). However, in addition to a women's right to have an abortion, an estimated one-fourth of
women and adolescent girls of reproductive age globally have limited access to menstrual
hygiene products (Sommer et al., 2021). A leading cause of adequate menstrual hygiene in the
U.S. is a lack of access, education, and income (AMWA, 2019). To ensure the health and
general welfare of all women of the U.S., the U.S. Senate should pass the Women's
Protection Act of 2021 with amendments to eliminate tax on all menstrual products and
mandate that all states make available free menstrual products in public restrooms.

Background
The global COVID–19 pandemic has led to the unemployment of millions of people, thus
worsening the socioeconomic and health challenges of individuals facing period poverty. The
period poverty refers to insufficient access to menstrual hygiene kits and educations such as
sanitary products, washing facilities, and waste management (AMWA, 2019). Period poverty is a
form of poverty that marginalizes individuals who menstruate, thus impacting their overall well-
being and quality of life. In the U.S., approximately 20% of teenage girls who live in poverty
experience challenges managing their menstrual cycle, which disproportionately impacts their
school engagement (ACLU, 2021; Kuhlmann et al., 2020). In addition to adolescent girls, data
shows that 1 in 10 college women students in the U.S. struggle to afford menstrual products
(Cardoso et al., 2021).

The affordability of menstrual hygiene products adversely impacts African American, Hispanic,
immigrant, and first-generation students more than any other student. In addition, individuals
adversely affected by period poverty are more prone to experience depression than individuals
with access to period products (Cardoso et al., 2021). Furthermore, given the inability to afford
menstrual hygiene products, more women are exposed to the risk of infections when using
substitutes such as toilet paper, paper towels, and rags to absorb menstrual blood (Cardoso et al.,
2021). Evidence shows that homeless women lack safe and clean spaces to manage menstruation
(Sommer et al., 2020). Furthermore, such challenges surrounding the stigma associated with
menstruation reinforce the need for access to free menstrual products in all public spaces.

Reject the status quo

Policymakers should eliminate all state sales taxes, commonly called the tampon tax on
menstrual products. The tampon sales tax is associated with purchasing feminine hygiene
products such as pads, liners, tampons, and cups (Wakeman, 2020). Most U.S. states (27)
continue to apply sales taxes to menstrual products, while 23 states do not (Period Equity, 2021).
Removing all sales taxes and declaring that menstrual products are a medical necessity will
increase the affordability for women. Furthermore, the U.S. Senate can significantly improve
access to hygiene facilities and products through education and advocacy, reduce stigma and
shame, and encourage education about menstruation.
 
Recommendation
As the Chairwoman of the U.S. Senate Committee on Health, Education, Labor, and Pensions, I
recommend you help improve access and equity to menstrual hygiene products by passing
the Women's Protection Act of 2021 with amendments to eliminate all sales tax on
menstrual hygiene products and to require all states to provide free menstrual products in
public restrooms. The U.S. Senate can eliminate systemic challenges to accessing menstrual
products by giving schools, homeless shelters, and healthcare facilities free, high-quality
menstrual products. 14.2% experienced period poverty in the last year, while an additional 10%
experienced it every month (Cardoso et al., 2021). As a result, women could not afford menstrual
health products to meet their monthly needs (Cardoso et al., 2021). Furthermore, the
unconstitutional tax on women's menstrual hygiene products should be deemed a "necessity,"
just as both male and unisex products (Crawford et al., 2019).

Counterarguments
Increased Tax Rates on other goods: Opponents argue that eliminating tampon tax will raise
tariffs on other goods (Rodriguez, 2021). In the state of New York, an estimated loss of $14
million in reductions in revenue per year is expected to occur with the elimination of tampon tax
(Rodriguez, 2021). For years feminine hygiene products have been labeled as non-essential
items. On average, a person who menstruates spends $1,773 on feminine hygiene products in
their lifetime. Thus, the affordability of these products disproportionately impacts women of all
income levels. Furthermore, addressing period poverty provides equity for all diverse
populations of people who menstruate.

Free Feminine Hygiene Products are a Risk to the Environment: Approximately 19 billion
feminine hygiene products are discarded yearly in the United States (Dillion, 2017). Thus,
offering free feminine hygiene products will endanger the environment and increase the U.S.
carbon footprint. Hence, the importance of providing safe and environmentally friendly products
to people who menstruate is essential. For instance, providing alternatives such as reusable
menstrual cups, reusable pads, and reusable underwear that protects against blood leakage can
go a long way in eliminating waste caused by cotton-plastic tampons.

Conclusion
With your assistance, the U.S. can move toward a more gender-equitable society by providing
affordable access to feminine hygiene products for all people who menstruate. Furthermore,
menstrual equity is a human right and public health issue we should aim to eliminate. The U.S.
has the opportunity to be a leader in gender equity, and by addressing the period of poverty,
we'll be at the forefront of guiding this movement. All women, adolescent girls, and people who
menstruate deserve to manage their periods with comfort and pride without any stigma or shame.
 References

1. American Civil Liberties Union. The Unequal Price of Periods: Menstrual Equity in the

United States. Accessed November 24, 2021, Retrieved from

https://www.aclu.org/sites/default/files/field_document/111219-sj-periodequity.pdf

2. Bridget J. Crawford; Emily Gold Waldman, "The Unconstitutional Tampon Tax,"

University of Richmond Law Review 53, no. 2 (January 2019): 439-490

3. Cardoso, L.F., Scolese, A.M., Hamidaddin, A. et al. Period poverty and mental health

implications among college-aged women in the United States. BMC Women's Health 21, 14

(2021).

4. Dillion, A. Planet-Friendly Periods. June 2017, Retrieved from

https://stanfordmag.org/contents/planet-friendly-periods

5. Grimes, D, and Creinin, M. "Induced Abortion: An Overview for Internists." Annals of

Internal Medicine. 140. no. 8 (2004): 620-627.

6. Jones, R, M Zolna, S Henshaw, and L Finer. "Abortion in the United States: Incidence and

Access to Services, 2005." Perspectives on Sexual and Reproductive Health. 40. no. 1

(2008): 6-16.

7. "Period Poverty," press release, American Medical Women's Association, October 31, 2019,

Retrieved from https://www.amwa-doc.org/period-poverty/

8. Period Equity. 2021 States in Session Legislation Tracker. Accessed November 24, 2021,

Retrieved from

https://docs.google.com/spreadsheets/d/1yjrkupbhpEZ7iqzPfNHLTKrjRoszdOUVn6De9eI_

qwc/edit#gid=0

9. Rodriguez, L. The Tampon Tax: Everything You Need to Know. June 28, 2021, Retrieved

from https://www.globalcitizen.org/en/content/tampon-tax-explained-definition-facts-

statistics/

10. Sebert Kuhlmann A, Key R, Billingsley C, Shato T, Scroggins S, Teni MT.  Students'
 Menstrual Hygiene Needs and School Attendance in an Urban St Louis, Missouri, District. 

Journal of Adolescent Health. 2020;67(3):444-446

11. Sommer M, Sahin M.  Overcoming the Taboo: Advancing the Global Agenda for Menstrual

Hygiene Management for Schoolgirls.  American Journal of Public Health.

2013;103(9):1556-1559.

12. Wakeman, J. Pink Tax: The Real Cost of Gender-Based Pricing. Updated on August 6,

2020, Retrieved from https://www.healthline.com/health/the-real-cost-of-pink-tax