Senator Loren Legarda files bill seeking to ban gender-based 'pink tax'

Senator Loren Legarda has filed a bill prohibiting businesses from charging higher prices for substantially similar consumer goods and services based solely on gender.

Senate Bill No. 2483, or the proposed Anti-Pink Tax Act, targets price disparities in products and services marketed toward specific genders—particularly where minor differences in color, packaging, or branding are used to justify higher costs.

Legarda noted that the practice, commonly known as the "pink tax," imposes an unfair financial burden on consumers, especially women, who often pay more for everyday necessities without any legitimate difference in production cost.

“Nakakaalarma na ginagamit pa ng mapagsamantala itong mga di pagkakapantay-pantay sa kasarian,” Legarda said.

“Tila ginagawang market strategy ang pagpapalalim ng diskriminasyon laban sa kababaihan. Sasabihing pambabae, papalitan lang ang kulay—naging pink lang, mas mahal na? Hindi po ito makatarungan,” she added.

The senator emphasized that existing wage gaps exacerbate the impact of gender-based pricing. Citing data from the Philippine Institute for Development Studies (PIDS), she noted that women earn 8.6% less than men in agriculture and up to 18% less in the digital sector.

Her office also highlighted local market disparities: pink variants of children’s toys can carry markups over 20%, Metro Manila salons often charge ₱2,500 for women’s haircuts compared to ₱1,500 for men’s regardless of hair length, and pain relief medications with identical formulations can cost ₱10 more when packaged for women.

Under SB 2483, price differences based strictly on gender, color, packaging, or gender-specific marketing would be declared unlawful.

Once a prima facie case of discriminatory pricing is established, the burden of proof shifts to the business to provide verifiable, gender-neutral justifications, such as higher material or labor costs.

The measure empowers the Department of Trade and Industry (DTI) to issue compliance orders and administrative fines ranging from ₱50,000 to ₱1 million. Additionally, the DTI and the Philippine Commission on Women (PCW) would be mandated to conduct annual market-basket studies and consumer education campaigns.

Businesses that voluntarily remove gender-based pricing tiers can apply for a “Gender-Neutral Pricing Pledge” certification.

Clarifying the scope of the bill, Legarda clarified that it does not constitute government price controls.

“We are not implementing price controls; we are simply ensuring that businesses base their prices on actual production costs, not on gender identity or targeted marketing,” she explained, adding that the protections would extend to men and members of the LGBTQIA+ community.

If passed, the Anti-Pink Tax Act will close a regulatory gap in the Consumer Act of the Philippines, which currently lacks explicit prohibitions against gender-based price discrimination.

-Paraluman News