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Lawmakers advance bill to prevent grocers from changing prices based on personal data

If approved, the “Fair Price Protection Act” would ban the practice of using a person’s shopping habits, online activity or other personal data to charge different prices for the same grocery or other food items.

Matt Trapani

Mar 16, 2026, 10:15 PM

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A state Senate panel has approved a bill that would protect New Jersey consumers from so-called “surveillance pricing.”

If approved, the “Fair Price Protection Act” would ban the practice of using a person’s shopping habits, online activity or other personal data to charge different prices for the same grocery or other food items.

"Surveillance pricing is an invasion of privacy and an abuse of modern technologies," wrote state Sen. Joe Cryan (D-Union), one of the bill’s sponsors. “Working people are already confronted with increased grocery costs that are difficult to afford. They should be protected from the intrusive use of artificial intelligence, algorithms, and personal data to exploit their food purchases."

The bill would also prohibit third-party grocery delivery services from using the data to charge different prices to different consumers for the same products. It would also prevent grocery stores from connecting surveillance pricing technology to electronic shelving labels that contain pricing information.

Those who violate the law would be in violation of the New Jersey Consumer Protection Act.

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