HouseH.R. 8895119th Congress
No Rigged Grocery Prices Act
Full Text
Official text as published. Use Ctrl+F / Cmd+F to search within the document.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8895 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8895
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2026
Mr. Gottheimer (for himself and Mr. Lawler) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
<all>