H.R. 3374 — Pink Tax Repeal Act

This section prohibits any person from selling or offering for sale in interstate commerce (1) two substantially similar consumer products from the same manufacturer at different prices based on the gender of individuals for whose use the products are intended or marketed, or (2) substantially similar services at different prices based on the gender of individuals for whom the services are performed, offered, or marketed. It directs the Federal Trade Commission to enforce these prohibitions as unfair or deceptive acts or practices under the Federal Trade Commission Act, with the same jurisdiction, powers, duties, penalties, privileges, and immunities; state authority under other laws is preserved. It authorizes state attorneys general (and other authorized state officials) to bring civil actions in U.S. district court to enjoin violations, compel compliance, or obtain damages or restitution for state residents, subject to (1) 10-day notice to the Commission (or immediate notice if infeasible), (2) Commission intervention rights, (3) state investigatory powers, and (4) preemption during any Commission action against the same defendant for the same violation. The section defines "substantially similar" consumer products as those with no substantial differences in materials, intended use, functional design, or features (color differences excluded) and "substantially similar" services as those with no substantial differences in time, difficulty, or cost to provide. "Consumer product" has the meaning given in section 3 of the Consumer Product Safety Act (i.e., articles produced or distributed for consumer sale or personal use in or around households, residences, schools, or recreation, excluding non-customary articles, tobacco products, motor vehicles/equipment, pesticides, and firearms/ammunition), and includes devices and cosmetics (as defined in the Federal Food, Drug, and Cosmetic Act) and child restraint systems (as defined in 49 CFR 571.213).