Breast care specialist Amoena has won a court battle over tax on mastectomy bras.
The Supreme Court ruled on Wednesday that the Carmen mastectomy bra, manufactured by Amoena, is not an ordinary bra and therefore should be exempt from European customs duty.
Amoena has previously lost a fight with HM Revenue and Customs in a Court of Appeal after judges ruled that the bra was not ‘part of’ or ‘an accessory’ to a breast form.
But five Supreme Court justices ruled that the Carmen bra is an ‘accessory’ because it performs a particular function by ‘holding the breast form 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,” the court heard.
Amoena has decided not to make an official statement on the ruling.