What's happening
This bill prohibits businesses from charging different prices for substantially similar goods based on a person's gender, with certain exceptions and penalties for violations.
Why it matters
Defines “substantially similar” goods. very specifically—requiring the same brand, functional components, and 90% of the same materials/ingredients—aiming to prevent businesses from justifying higher prices for nearly identical products marketed separately to different genders.
Excludes certain categories. such as food and new motor vehicles, meaning the law targets primarily retail consumer goods, not groceries or car sales, so its impact is focused on common everyday products like personal care items, toys, or clothing.
Allows for legitimate price differences. if they are based on gender-neutral factors like labor, materials, tariffs, or uncontrollable wholesale costs, providing flexibility for businesses to justify price discrepancies that aren’t rooted in gender-based marketing.
Establishes financial penalties. for violations, but treats all identical items priced on the basis of gender as a single violation, which may limit the total liability for businesses in cases of widespread mispricing, balancing deterrence with fairness.
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Who cares
Headline styles
End Gender-Based Pricing
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to consumer protection
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.220
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2679
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sens. MAYER, BRESLIN, BROOKS, HOYLMAN, JACKSON, LIU, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to prohibiting businesses from charging a price for goods on the basis of gender
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 391-u to read as follows:
§ 391-u. Charging a price for goods on the basis of gender prohibited. 1. (a) No business shall charge a price for goods of a substantially similar or like kind on the basis of a person's gender.
(b) For the purposes of paragraph (a) of this subdivision, "substantially similar or like kind" shall be interpreted to mean such goods:
(i) share the same brand;
(ii) share the same functional components; and
(iii) share ninety percent of the same materials or ingredients.
(c) For the purposes of this section, "goods" shall not include:
(i) any food as defined in subdivision three of section two of the agriculture and markets law; or
(ii) goods sold by a new motor vehicle dealer as defined in paragraph f of subdivision one of section four hundred fifteen of the vehicle and traffic law.
2. Nothing in subdivision one of this section shall prohibit:
(a) price differences based specifically on the labor, materials, tariffs, or other gender-neutral reasons for having increased cost for providing such goods; or
(b) a retail establishment from passing through a price to the consumer that is set by a manufacturer, distributor, or other entity that a retailer cannot control.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01137-01-9
S. 2679 2
3. Any business that violates the provisions of this section shall, upon a determination thereof, pay a civil penalty of not more than two hundred fifty dollars for the first violation and for each succeeding violation a civil penalty of not more than five hundred dollars. For the purpose of this section, all identical items priced on the basis of gender shall be considered a single violation.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to prohibiting businesses from charging a price for goods on the basis of gender
Purpose
To prohibit the discriminatory practices relating to the cost of goods of a substantially similar or like kind on the basis of a person's gender
Summary of provisions
Section I amends general business law by adding new section 391-u which prohibits businesses from charging a price for goods on the basis of gender.
Section II sets forth the effective date.
Justification
According to a study by the New York City Department of Consumer Affairs, it was found that on average, products for women cost seven percent more than similar products for men. The results of the study indicate that women spend significantly more money over the course of their lifetime due to discriminatory pricing practices on products marketed towards women.
This bill would prohibit businesses from charging consumers different prices for similar goods based on a person's gender. It would eliminate the undue financial burden placed on women when purchasing products that though targeted to women, perform the same function as men's products. These products include but are not limited to healthcare and hygiene items such as razors and shaving cream.
The bill would not prohibit retail establishments from passing through a price to the consumer that is set by a manufacturer, distributor, or other entity that a retailer cannot control.
Legislative history
2018: S8787 - REFERRED TO CONSUMER PROTECTION
Fiscal impact on the state
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.