text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Pink Tax Repeal Act''.
  
  SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CONSUMER PRODUCTS AND 
                SERVICES.
  
      (a) Prohibited Practices.--
              (1) Consumer products.--It shall be unlawful for any person 
          to sell or offer for sale in interstate commerce any two 
          consumer products from the same manufacturer that are 
          substantially similar if such products are priced differently 
          based on the gender of the individuals for whose use the 
          products are intended or marketed.
              (2) Services.--It shall be unlawful for any person to sell 
          or offer for sale any services that are substantially similar 
          if such services are priced differently based on the gender of 
          the individuals for which the services are performed, offered, 
          or marketed.
      (b) Unfair and Deceptive Act or Practice.--A violation of 
  subsection (a) shall be treated as a violation of a rule prescribed 
  under section 18(a)(1)(B) of the Federal Trade Commission Act (15 
  U.S.C. 57a(a)(1)(B)) defining an unfair or deceptive act or practice in 
  or affecting interstate commerce.
      (c) Enforcement.--
              (1) Federal trade commission.--The Federal Trade Commission 
          shall enforce this section in the same manner, by the same 
          means, and with the same jurisdiction as though all applicable 
          terms and provisions of the Federal Trade Commission Act were 
          incorporated into and made a part of this Act.
              (2) State attorneys general.--
                      (A) Civil action.--In any case in which the 
                  attorney general of a State has reason to believe that 
                  an interest of the residents of that State has been or 
                  is adversely affected by a violation of subsection (a), 
                  the attorney general may, as parens patriae, bring a 
                  civil action on behalf of the residents of the State in 
                  an appropriate district court of the United States--
                              (i) to enjoin further violation of this Act 
                          by the defendant;
                              (ii) to compel compliance with this Act; or
                              (iii) obtain damages, restitution, or other 
                          compensation on behalf of residents of the 
                          State.
                      (B) Notice to the ftc.--
                              (i) Notice.--Except as provided in clause 
                          (iii), the attorney general of a State shall 
                          notify the Commission in writing of any civil 
                          action under paragraph (2), prior to initiating 
                          such civil action.
                              (ii) Contents.--The notice required by 
                          clause (i) shall include a copy of the 
                          complaint to be filed to initiate such civil 
                          action.
                              (iii) Exception.--If it is not feasible for 
                          the attorney general of a State to provide the 
                          notice required by clause (i), the State shall 
                          provide notice immediately upon instituting a 
                          civil action under subparagraph (A).
                      (C) Intervention by the ftc.--Upon receiving notice 
                  required by subparagraph (B) with respect to a civil 
                  action, the Commission may--
                              (i) intervene in such action; and
                              (ii) upon intervening, be heard on all 
                          matters arising in such civil action and file 
                          petitions for appeal of a decision in such 
                          action.
                      (D) Preemptive action by the ftc.--If the 
                  Commission institutes a civil action for violation of 
                  this Act, no attorney general of a State may bring a 
                  civil action under this paragraph against any defendant 
                  named in the complaint of the Commission for violation 
                  of this Act that is alleged in such complaint.
      (d) Rules of Construction.--
              (1) Substantially similar products.--For purposes of this 
          Act, two consumer products are substantially similar if there 
          are no substantial differences in the materials used in the 
          product, the intended uses of the product, and the functional 
          design and features of the product. A difference in coloring 
          among any consumer products shall not be construed as a 
          substantial difference for purposes of this paragraph.
              (2) Substantially similar services.--For purposes of this 
          Act, two services are substantially similar if there is no 
          substantial difference in the amount of time to provide the 
          services, the difficulty in providing the services, or the cost 
          of providing the services.
      (e) Definition of Consumer Product.--The term ``consumer product'' 
  has the meaning given such term in section 3 of the Consumer Product 
  Safety Act (15 U.S.C. 2052) and includes a device or cosmetics, as such 
  terms are defined in section 201 of the Federal Food, Drug, and 
  Cosmetic Act (21 U.S.C. 321). Such term includes a child restraint 
  system, as such term is defined in section 571.213 of title 49, Code of 
  Federal Regulations.
target: Pink Tax Repeal Act This bill prohibits the sale of substantially similar services or consumer products from the same manufacturer if they are priced differently based on the gender of the individuals to whom the products are marketed or intended or for whom the services are marketed, performed, or offered.  A difference in coloring among consumer products shall not be construed as a substantial difference. Violations shall be treated as unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission and state attorneys general are authorized to enforce against such violations.
feat_title: Pink Tax Repeal Act