Sponsors (2)
The bill reduces targeted price discrimination and improves transparency for grocery shoppers (particularly low-income consumers) and commissions study of automation impacts, but it imposes compliance costs that may raise prices, leaves smaller retailers outside its protections, and only studies — rather than immediately funds — worker supports.
Low-income and other grocery shoppers are protected from personalized price increases based on their personal data, reducing the risk of being charged higher prices due to profiling.
Online grocery listings and orders will be clearer: retailers must disclose availability changes, indicate when price is by weight, and require explicit consumer approval for substitutions, reducing surprise charges and unwanted items.
The FTC can enforce these rules, giving consumers a federal avenue for relief and deterring unlawful dynamic pricing practices.
Food retailers and delivery providers will incur compliance costs to change pricing systems and disclosure practices, costs that could be passed on to consumers as higher prices.
The law's protections apply only to larger food retailers (thresholds like ≥15,000 sq ft), leaving shoppers at smaller stores or alternative platforms unprotected and creating uneven consumer protections.
Limiting personalized pricing could reduce some targeted promotional discounts that benefit certain consumers if firms shift to uniform pricing or narrower loyalty offers.
Based on analysis of 3 sections of legislative text.
Bars grocery retailers and delivery services from using personal-data-driven dynamic pricing, requires disclosures and consumer consent for substitutions, and makes violations enforceable by the FTC.
Official title: To prohibit food retailers and third party delivery service providers from using technology that uses the personal data of consumer to engage in dynamic pricing, and for other purposes.
Introduced May 19, 2026 by Josh S. Gottheimer · Last progress May 19, 2026
Bans grocery stores and third-party delivery services from using consumers' personal data to set individualized dynamic prices, with limited exceptions for voluntary loyalty/promotional offers and objective cost-based charges. Requires online sellers to disclose availability and per-weight pricing, requires explicit consumer approval for delivery substitutions, treats violations as unfair or deceptive acts enforceable by the FTC, and orders a Labor Department report on how electronic shelf labels affect grocery employment within one year.