No Rigged Grocery Prices Act

Summary#

This bill would stop certain grocery stores and third-party delivery services from using a shopper's personal data to raise the price of food for that shopper. It defines "dynamic pricing" as increasing a food price based on a consumer's personal data. Covered businesses include food retailers that are at least 15,000 square feet and entities that facilitate delivery. Exceptions allow targeted offers when a consumer voluntarily enrolls in a promotion, loyalty, or reward program or consents to share data for the offer. Pricing differences that reflect objective costs (for example, shipping or taxes) are also allowed. The bill requires online sellers to tell consumers if an item’s availability changed or if the item is priced by weight. Third-party delivery services must get explicit consumer approval before substituting an item. Violations would be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act, and the Federal Trade Commission would enforce the rule with the same powers and penalties it already has. The bill also directs the Secretary of Labor to report to Congress within one year on whether electronic shelf labels affect employment at grocery stores.

What it means for you#

  • If you shop online at large grocery stores or through delivery apps, those sellers could not use your personal data to raise the price you see for food items, unless you opted into a specific offer or consented to share data for that offer.
  • Sellers may still change prices for objective cost reasons (for example, different shipping or tax costs).
  • Online sellers must disclose when an item’s availability changes or when the price depends on the item’s weight.
  • Delivery services must get your explicit approval before substituting an item in your order.
  • The Federal Trade Commission would handle enforcement and penalties.
  • The Department of Labor must report within one year on whether electronic shelf labels affect grocery employment.

Expenses#

No publicly available information on costs or budgetary effects.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.