Golden State Today

California Attorney General Rob Bonta issued a consumer alert on Women’s Equality Day, reminding residents of their rights under AB 1287. This law prohibits businesses from charging different prices for substantially similar goods based on the gender of the product’s target audience, commonly referred to as the "Pink Tax." The legislation, authored by Assemblymember Rebecca Bauer-Kahan (D-Orinda), became effective on January 1, 2023.

"The Pink Tax is a sexist practice that is illegal in California. Women, especially Black and Latinx women, are paid less than their white, male counterparts in the same roles, yet have to spend more than men to buy very similar products," said Attorney General Bonta. "California consumers have the right to shop without fear of discrimination. I encourage consumers to be aware of their rights under California’s Pink Tax Law and to file a complaint if they believe there have been violations of this law."

Assemblymember Bauer-Kahan emphasized the significance of enforcing AB 1287: "It has been two years since the passage of AB 1287 and it is very exciting to see the work Attorney General Bonta is doing to guarantee consumers' rights under California’s Pink Tax Law. Unequal prices for women translate to impacts for their own financial wellbeing as well as that of their families. This also exacerbates the already-existing gender gap in financial inequality."

Darcy Totten, Interim Executive Director of the California Commission on the Status of Women and Girls, added: "Women are still earning less than our male counterparts, and the fact that some companies may continue charging more for a product simply because it is marketed to women is a sexist penalty that is now illegal. The Commission is proud to have cosponsored AB 1287 to put an end to arbitrary price differences for everyday products and encourage anyone who has been a victim of gender-based price differences to file a complaint."

The Legislature cited evidence such as a 2015 study showing that girls’ or women’s products cost more than similar products for boys or men 42% of the time when passing California's Pink Tax Law.

Examples where gender-based pricing may occur include toys and accessories (e.g., pink vs. red bikes), children’s clothing, adult clothing, personal care products (e.g., razors), and senior/home health care products (e.g., canes). However, AB 1287 does not prohibit different prices if justified by factors unrelated to gender-based marketing.

Women constitute up to 85% of consumer purchases in the U.S. but often face higher prices even for neutral products like mortgage rates. Compounded by wage disparities—women earn approximately 82% of what men earn—unequal pricing results in significant financial impacts on women and their families.

For those who have encountered or experienced potential violations under this law, complaints can be filed at oag.ca.gov/report.

Further information about AB 1287 can be found at oag.ca.gov/ab1287.

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