bbieron@platformeconomyinsights.com

New Jersey Bans So-Called “Surveillance Pricing” for Groceries

Jul 31, 2026

Report from NJ.Com
In Brief – New Jersey Gov. Mikie Sherrill (D) has signed the Fair Price Protection Act, banning grocery stores and third-party grocery delivery platforms from using consumers’ personal data to set or vary food prices. Sherrill said the measure will prevent companies from secretly charging some shoppers more than others for identical groceries. The law’s backers say the measure does not prohibit traditional discounts, such as retailer loyalty programs, promotional pricing, or discounts for groups such as seniors, veterans and teachers, but business groups argue that the measure will discourage many practices businesses use to offer lower price deals to consumers. The law also imposes a one-year moratorium on new electronic shelf labels in stores, a priority of grocery worker labor unions that has been rejected in other states this year.

Context – For years, progressive tech industry detractors have criticized pricing practices that have been a feature of ecommerce for decades. Every day, on almost every website, people sometimes get lower price offers, and sometimes higher ones. Shockingly, consumers like lower price offers. Businesses, on the other hand, benefit from the efficiency gains from tweaking prices up and down based on any number of factors to maximize revenue and clear inventory. Think of airline tickets. The recent flood of state legislation is largely based on claims that AI will supercharge the practice, especially by bringing personalized prices into physical stores. That’s a hypothetical scenario that is basically AI science fiction. There are no reports of any stores using surveillance, data and AI to apply in-store personalized pricing and there are many real-world barriers. However, regulating the use of data for online pricing is a major change in the ecommerce ecosystem, and grocery items are the first instance, with New Jersey following Maryland and Connecticut. New York’s legislature has sent a more expansive bill to their governor regulating pricing practices for all consumer businesses, online and offline, which would be far more disruptive. Colorado’s Governor vetoed a broad price regulation bill earlier this year that extended beyond the grocery industry.

View By Monthly
Latest Blog
European Commission Issues AI Content Notification Rules

Report from MediaPost In Brief – The AI transparency rules required by Article 50 of the EU’s AI Act have taken effect, requiring companies to clearly disclose when users are interacting with artificial intelligence or viewing AI-generated or manipulated images, audio...

More Follow-On Lawsuits for Google Likely After Latest DMA Fine

Report from Reuters In Brief – European lawyers and litigation financiers say that the European Commission’s recent decision to fine Google $1 billion for violating the Digital Markets Act (DMA) may add to the wave of private antitrust lawsuits that the search giant...

More Really Smart Tech People Call for International AI Governance

Report from the Washington Post In Brief – OpenAI and Anthropic have endorsed a petition urging the US government to help create an international regime to slow down and regulate the pace of “automated AI development.” It is signed by over 1,200 “employees of frontier...

Judge Dismisses Google’s DMCA Search Scraping Lawsuit

Report from MediaPost In Brief – Federal District Court Judge Yvonne Gonzalez Rogers has dismissed Google's complaint against the Texas-based company SerpApi for allegedly violating the Digital Millennium Copyright Act (DMCA) anti-circumvention provisions by evading...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required