Today, Assemblyman Chigozie U. Onyema (D-Newark) introduced legislation to
prohibit surveillance-based pricing in New Jersey’s grocery industry. Bill A4523 establishes the "Fair Price Protection Act" which would prevent grocery retailers and delivery platforms from using a customer’s personal data to set individualized prices—ensuring everyone pays the same price for the same products.

“Grocery prices are sky high, and inflation only tells part of the story. What we’re seeing is individualized pricing—corporations tracking our behavior and purchase history to charge each of us the maximum they think we can pay,” said Assemblyman Onyema.
“When you walk into a grocery store, you expect everyone to pay the same price for the same loaf of bread. Imagine discovering you were charged more because an algorithm decided you ‘needed it more’—because of your kids, your neighborhood, or your shopping habits. That’s not innovation, it’s exploitation. It’s price gouging dressed up as technology—and we’re going to end it.”

An independent investigation by More Perfect Union, Groundwork Collaborative, and Consumer Reports examined pricing practices on a leading U.S. grocery delivery platform. Based on results from 437 shoppers across four cities, researchers found consumers were charged different prices for the same item at the same time. In one example cited by the investigation, one delivery platform offered as many as five different sales prices for eggs in the exact same store, at the exact same time.

The bill defines “surveillance-based price setting” as offering or setting a customized price for a product or service for a specific consumer or group of consumers based on information collected through electronic surveillance technology, including sensors, cameras, device tracking, biometric monitoring, or other forms of observation or data collection capable of gathering information about a consumer’s behavior, characteristics, location, or other personal attributes.

“Corporate practices like these drive-up costs for New Jersey families and transfer wealth from working people to large corporations. The Fair Price Protection Act would put a stop to individualized pricing and restore fairness and transparency to the marketplace,” Assemblyman Onyema added.

The bill would make surveillance-based price setting an unlawful practice under the Consumer Fraud Act.

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