No Rigged Grocery Prices Act
HB8895, titled the No Rigged Grocery Prices Act, would prohibit food retailers and third-party delivery service providers from using technology that relies on a consumer’s personal data to set dynamic prices for food. The bill defines dynamic pricing as increasing the price of food based on a consumer’s personal data or other linked information, and it applies to covered entities including large food retailers and food delivery intermediaries. It also creates exceptions for ordinary promotional or loyalty-program pricing, temporary retention discounts, and price differences based on objective costs such as shipping or taxes.
The bill also adds consumer-facing disclosure and consent requirements for online grocery purchases. Food retailers would have to disclose when an item’s availability has changed or when an item is weighed to determine price, and third-party delivery services would need explicit consumer approval before substituting a grocery item. In addition, the bill directs the Secretary of Labor to report to Congress within one year on the employment effects of grocery stores adopting electronic shelf labels.
If enacted, the bill would amend federal consumer-protection enforcement by treating violations as unfair or deceptive acts or practices under the Federal Trade Commission Act. The FTC would be the primary enforcement agency, with its existing powers, remedies, and procedures applied to violations of the new law. The measure would therefore create a new federal standard governing pricing practices in grocery retail and food delivery, while also imposing new disclosure obligations on online grocery transactions.
The available context shows no recorded committee debate or votes, so there is no documented opposition or support in the provided materials. Based on the bill’s framing and bipartisan introduction by Representatives Gottheimer and Lawler, the measure appears aimed at consumer protection and price transparency, with an emphasis on preventing perceived unfair pricing practices. The inclusion of exceptions for loyalty programs and objective cost-based pricing suggests an effort to limit the bill to data-driven price discrimination rather than ordinary retail promotions.
The bill would create a new federal prohibition on data-driven dynamic pricing for food retailers and third-party delivery services, while also requiring disclosures and substitution approval in online grocery sales. It would expand FTC enforcement authority by making violations actionable as unfair or deceptive acts or practices under the FTC Act. It would also require a Labor Department report on employment effects from electronic shelf labels, potentially informing future policy on retail automation and labor impacts.
No committee transcript or vote record was provided, so there is no direct evidence of floor or committee sentiment. The bill’s bipartisan sponsorship and consumer-protection framing suggest generally favorable intent around transparency and fairness in grocery pricing. The text also reflects an attempt to balance that goal with carveouts for loyalty programs, promotions, and cost-based pricing, indicating a pragmatic rather than purely punitive approach.
The main policy tension is between preventing personalized price increases and preserving common retail pricing practices. Food retailers and delivery platforms may argue that the bill could restrict legitimate promotional pricing, loyalty benefits, and operational pricing tools, while supporters are likely to emphasize protection against discriminatory or opaque pricing based on personal data. Another possible point of contention is the bill’s treatment of electronic shelf labels, since the required Labor Department report signals concern about automation and possible employment effects, which may draw interest from labor advocates and retailers alike.