May 19, 2026
Mr. Gottheimer (for himself and Mr. Lawler) introduced the following bill; which was referred to the Committee on Energy and Commerce
To prohibit food retailers and third party delivery service providers from using technology that uses the personal data of a consumer to engage in dynamic pricing, and for other purposes.
Section 1. Short title
This Act may be cited as the No Rigged Grocery Prices Act
.
Sec. 2. Prohibition and requirements for food retailers and third party delivery service providers related to dynamic pricing
(a) Prohibition
(1) In general
Except as provided in paragraph (2), a covered entity may not use any technology that uses the personal data of a consumer to engage in dynamic pricing.
(2) Exceptions
Paragraph (1) does not apply with respect to any of the following:
(A)
An offer made to a consumer by a covered entity—
(i)
that is—
(I)
a promotional pricing offer, a loyalty program benefit, a reward program benefit, or any other similar membership benefit with respect to which any consumer may voluntarily enroll or consent to participate in; or
(II)
a temporary discount or price change related to retention of existing customers; or
(ii)
with respect to which the consumer consented to provide personal data or other information to the covered entity in exchange for such offer.
(B)
The price of food set by a covered entity based on objective costs (such as costs related to shipping or taxes) related to different consumers.
(b) Requirements
(1) In general
With respect to a covered entity that offers to a consumer the option to order a grocery item online, the covered entity shall disclose to the consumer—
(A)
if the availability of the grocery item has changed; or
(B)
if the grocery item is weighed to determine the price of the such item.
(2) Requirements for third party delivery service providers
With respect to a third party delivery service provider that offers to a consumer the option to order a grocery item online, the third party delivery service provider shall obtain explicit approval from the consumer to substitute such grocery item before the third party delivery service provider or an agent thereof substitutes such item on behalf of the consumer.
(c) Enforcement
(1) Unfair or deceptive acts or practices
A violation of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of Commission
The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
(d) Definitions
In this section:
(1) Covered entity
The term covered entity
means any of the following:
(A)
A food retailer.
(B)
A third party delivery service provider.
(2) Dynamic pricing
The term dynamic pricing
means the practice of increasing the price of food offered for sale to a consumer based on the personal data or other information of such consumer.
(3) Food retailer
The term food retailer
means a business that—
(A)
is at least 15,000 square feet; and
(B)
sells food to consumers.
(4) Third party delivery service provider
The term third party delivery service provider
means an entity that facilitates the delivery of food to a consumer.
(5) Personal data
The term personal data
means any information that is linked or can be reasonably linked to an identified or identifiable consumer.
Sec. 3. Report on the employment effects of electronic shelf labels
Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress a report on any effect of grocery stores adopting the use of electronic shelf labels on the number of individuals employed by such grocery stores.