Sponsors (12)
The bill substantially strengthens consumer privacy and anti‑price‑gouging protections in brick‑and‑mortar grocery shopping—giving consumers clear rights and enforcement tools—while imposing compliance, monitoring, and litigation costs that may raise prices, complicate multi‑state operations, and create regulatory uncertainty for retailers.
Consumers (retail food shoppers, adults, and low-income households) gain clearer, enforceable limits on surveillance-based personalized pricing and biometric data misuse: the bill defines 'personal information' and 'surveillance-based price setting,' bans certain surveillance pricing practices, restricts sale/sharing of biometric data, and requires notice/consent for biometric identity uses in-sto
Consumers—especially low-income shoppers—are better protected against grossly excessive price-gouging during shortages because the FTC must define and enforce a 'grossly excessive' pricing standard and may adopt bright-line thresholds
Consumers gain stronger enforcement and remedy tools: a private right of action with statutory damages (or actual damages), potential treble damages for willful violations, invalidation of pre-dispute arbitration/joint-action waivers for these claims, and state AG authority to enjoin and recover damages—giving both private and public enforcement avenues
Retailers—especially small grocery operators—face substantial compliance, technology, labeling, and litigation costs (including exposure to treble damages and attorney fees) that will likely be passed on to consumers in higher prices and will disproportionately burden small businesses
Price limits, manual pricing requirements, and constraints on surveillance-driven pricing tools could reduce retailers' incentives or ability to stock scarce items promptly and slow promotional responsiveness, risking temporary shortages and outdated or incorrect prices
Broad delegation to the FTC, wide statutory definitions (e.g., of 'personal information'), and a lengthy discovery-based statute of limitations create regulatory and legal uncertainty, prolong disputes, and increase the risk of compliance mistakes or defensive behavior by businesses
Based on analysis of 9 sections of legislative text.
Bans grocery price gouging and surveillance‑based individualized pricing, limits biometric uses, requires facial‑recognition notice, bans electronic shelf labels in large stores, and authorizes FTC enforcement and private suits.
Official title: Prohibit retail food stores from price gouging and engaging in surveillance-based price setting practices, and for other purposes.
Introduced February 12, 2026 by Ben Ray Luján · Last progress February 12, 2026
Prohibits retail food stores from charging "grossly excessive" prices and from using consumers' personal information (including facial recognition) to set individualized prices. It requires the Federal Trade Commission to define excessive pricing standards, bans certain digital shelf‑pricing systems for larger stores, requires notice when facial recognition is used, limits biometric uses, creates enforcement tools for the FTC, enables state and private lawsuits with statutory damages, and provides $5 million for implementation.