Pink Tax in fashion: what brands need to know about gender-based pricing

The so-called Pink Tax refers to the practice of charging higher prices for products targeted at women compared to equivalent products marketed to men — even when the quality, function, or composition is essentially the same.

While there is no specific legislation addressing the Pink Tax in Brazil, this practice may constitute a violation of the Consumer Defense Code (Law nº 8.078/1990), which prohibits abusive commercial practices, misleading advertising, and consumer discrimination.

Beyond legal risks, maintaining gender-based pricing strategies can significantly damage a brand’s reputation, leading to consumer backlash, loss of competitiveness, and reputational harm in an increasingly conscious marketplace.

For fashion and beauty brands, addressing this issue is not only a matter of legal compliance but also a reflection of corporate social responsibility and brand positioning. Transparent and fair pricing practices strengthen credibility and align the brand with contemporary values of equality and ethical consumption.

Legal advisory specialized in Fashion Law is crucial for reviewing commercial policies, contracts, and pricing strategies, ensuring compliance with consumer regulations while protecting brand integrity.