Senate Bill 5171, which is proposing to eliminate the “pink tax” by outlawing price differences between products marketed to both men and women “that are similar in every way, except marketing,” is a very poorly conceived bill.
The law isn’t needed. If another “similar in every way” item is available the buyer can simply ignore the marketing and buy the lower-cost item. Unless they feel the other item isn’t “similar in every way.”
It’s impossible to legally define “similar.” Do differences in fragrance, color, packaging or perceived quality make the product different, and who determines if it is? The buyer or the government?
The law would be impossible to administer. It would require the government to set prices for every product in the state sold to both men and women. Every bottle of shampoo would require a government-approved price and would need to be reevaluated every time there was any change to the product. It would be an administrative nightmare.
Finally, there could be unintended consequences. The manufacturer could eliminate the price discrepancy by raising the cost of the lower-priced item rather than lowering the cost of the higher. Prices go up, consumers lose.
