Bill to ban NJ grocery surveillance pricing reaches governor's desk
A 2025 study from Consumer Reports found that Instacart customers paid different prices for the same items at the same store.
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Paying different prices for the same item? There’s a bill at the governor’s desk to end so-called “surveillance pricing” at New Jersey grocery stores.
A 2025 study from Consumer Reports found that Instacart customers paid different prices for the same items at the same store.
“They can figure out through algorithm - that’s why it’s called surveillance pricing," said State Sen. Joe Cryan (D). "They are surveilling your actual habits in terms of your consumer choices and what they are. It’s pretty frightening.”
“Don’t love being watched, that’s for sure," said shopper Walter, of Edison.
“That’s definitely not OK," said shopper Nate, of Edison. "We’ve got enough info digging out of us from all those companies already.”
Sen. Cryan co-sponsored the “Fair Price Protection Act” bill to ban this in NJ grocery stores. The bill has reached the governor’s desk with bipartisan support.
There are two parts to this bill. The first part makes it illegal to price grocery store items using customers’ personal data. Loyalty program discounts aren’t impacted.
The second part is a pause on installing electronic shelf labels in stores so lawmakers can study their effects.
“People feel that it will literally be changed when they walk away, or more importantly when they walk up, so that you’re paying a different price for that fruit than I am," said Cryan.
One more habit he advises to break: blindly accepting terms and conditions. Cryan says the plan is to ban surveillance pricing across other businesses, like travel sites and gas stations.
Gov. Mikie Sherrill's office did not respond to a News12 inquiry about whether she'd sign the bill. She has previously spoken about her distaste for surveillance pricing.
