PolicyBrief
H.R. 3128
119th CongressApr 30th 2025
Improving Diaper Affordability Act of 2025
IN COMMITTEE

The "Improving Diaper Affordability Act of 2025" aims to make diapers more affordable by including them as qualified medical expenses for tax-advantaged accounts and prohibiting state and local sales taxes on diapers.

Bonnie Watson Coleman
D

Bonnie Watson Coleman

Representative

NJ-12

LEGISLATION

Diapers Could Get Cheaper: New Bill Proposes Sales Tax Cut and HSA/FSA Eligibility Starting 2025

Alright, let's talk about something that hits home for a lot of folks: the cost of diapers. There's a piece of legislation called the "Improving Diaper Affordability Act of 2025" making the rounds, and its main goal is pretty straightforward – to make diapers less of a strain on family budgets. It plans to do this in two big ways: first, by letting you use pre-tax money from accounts like Health Savings Accounts (HSAs) and Flexible Spending Arrangements (FSAs) to buy diapers, and second, by telling state and local governments they can't charge sales tax on them anymore. These changes are slated to kick in after December 31, 2024.

Your Pre-Tax Dollars for Diaper Duty?

So, what does this mean for your wallet? Section 3 of the bill wants to reclassify diapers as a "qualified medical expense." If this sounds like jargon, think of it this way: you know those HSAs or FSAs, where you stash money before taxes are taken out to cover health costs? This bill would let you use that pre-tax cash for diapers. We're talking Health Savings Accounts (HSAs, as per Section 223(d)(2)(A) of the tax code), Archer MSAs (Section 220(d)(2)(A)), Health Flexible Spending Arrangements (FSAs), and even Health Reimbursement Arrangements (HRAs, covered under Section 106). The bill also loops in Dependent Care FSAs (Section 129(e)(1)). For most of these, this would apply to diapers bought or expenses incurred after December 31, 2024. Essentially, you'd be getting a discount on diapers equal to whatever your income tax rate is, because you're using untaxed dollars.

No More Sales Tax at the Diaper Aisle?

Then there's the sales tax part. Section 4 of the bill is pretty direct: it aims to prohibit state and local governments from slapping sales tax on retail diaper purchases. If your state or city currently taxes diapers, this could mean immediate savings every time you buy a pack. For example, if diapers cost $40 and your local sales tax is 7%, that's $2.80 saved right there. Of course, while this is good news for parents, it's worth noting that state and local governments would see a dip in their sales tax revenue, which they use to fund public services. It's always a balancing act.

The 'Why' Behind the Bill: Addressing a Real Need

The bill itself lays out some pretty compelling reasons for these changes in its "Findings" (Section 2). It highlights that diapers aren't a luxury; they're crucial for a baby's health. Yet, it states that nearly half of families with young kids struggle to afford them, with costs running between $945 and $1,500 a year for each child under four. The bill also notes that this financial pressure can lead to parents missing work or school, which for someone earning minimum wage, could mean losing nearly $300 a month. By making diapers more affordable, the idea is to ease some of that financial stress, particularly for low-income families, and help ensure more kids have the essentials they need.