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Alleged ‘Pink Tax’ Class Actions Against OTC Personal-Care Brands Moving Through Federal Courts

Executive Summary

Walgreen Co. seeks to dismiss allegations in California’s Northern District that it unlawfully charges more for its OTC Hair Regrowth Treatment for women compared with a “functionally equivalent” offering for men. The suit follows “pink tax” litigation concerning Dove antiperspirants that defendants dismissed in July 2020, a decision affirmed by the Eighth Circuit in May.

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