Tampon Lawsuit No Taxation Over Menstruation!

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0303-new-york-tampon-tax-fun-art-GETTY-TMZ-02It's that time of the month, time to sue New York State for imposing sales tax on tampons ... according to a group of women who are pissed off over the law.

Five women have filed a class action lawsuit calling out the Empire State for not giving tampons the same preferential treatment that male medical products get. For instance, in NY ... Rogaine, condoms and foot powder are exempt from the standard 4% sales tax. 

The state's Dept. of Taxation and Finance says tampons are used to "control a normal bodily function and to maintain personal cleanliness." 

The plaintiffs say that's BS, and tampons are not luxury items ... they're medical necessities to avoid infection and other nasty circumstances.

They want the tax lifted immediately.