Bras worn by women sexy lingerie sale who have undergone mastectomies are not normal lingerie and should be exempt from import duties, the Supreme Court has ruled.
The decision represents a victory over the so-called ‘mastectomy tax’, which was said to unfairly affect breast cancer survivors.
The case was brought by Amoena, which manufactures bras for women who have undergone mastectomies — a surgical procedure in which a woman’s breast is removed.
Read moreBreast cancer treatment ‘holy grail’ in reach, scientists claimAmoena argued the Carmen mastectomy bra – designed for women who had prosthetic breasts after undergoing the surgery – was not normal lingerie.
The bras are described in the ruling as: “Especially designed to hold silicone breast forms and has left and right pockets to hold the breast forms firmly in place.
“The other design features, which differentiate the mastectomy bra from an ordinary bra are the wide padded straps which help support the weight of the breast form and help to avoid undue stress associated with neck/shoulder problems for the post operated women.”
Despite a previous ruling in the Court of Appeals against the bras, Supreme Court judges said: “By holding the breast form in place” the bra “performs a particular service relative to the main function” of artificial breasts.
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