summary
Introduced
03/19/2026
03/19/2026
In Committee
03/19/2026
03/19/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill establishes the "Fair Pricing and Transparency Act." Under the bill, a retail food store is required to clearly and conspicuously post the sale price of groceries and other foodstuffs. The provisions of this bill prohibit retail food stores from using surveillance-based price discrimination, dynamic pricing, or personalized pricing to modify the sale price of groceries and other foodstuffs. This includes price changes that occur within minutes, hours, days, or across separate transactions, and price changes based on a consumer's behavior, inferred data, or personally identifiable information. The bill further prohibits retail food stores that are 15,000 square feet or larger from using an electronic shelf label system until four years after the effective date of this bill. Additionally, the provisions of this bill clarify that surveillance-based price discrimination, dynamic pricing, and personalized pricing do not include a reduction in the posted sale price that is uniformly offered or made available to all consumers who meet disclosed eligibility criteria. Furthermore, retail food stores may continue to offer loyalty, membership, or reward programs, provided that any personally identifiable information collected to administer those programs is not used to personalize, optimize, or otherwise modify the sale price of groceries and other foodstuffs. Finally, the bill requires the Division of Consumer Affairs to conduct a study, no later than 12 months after the effective date of this bill, on the use of electronic shelf label systems and their impact on pricing transparency and employee job security, and to submit a report with findings and recommendations to the Governor and the Legislature. A violation of the bill's provisions is an unlawful practice under the consumer fraud act, punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.
AI Summary
This bill, known as the "Fair Pricing and Transparency Act," mandates that retail food stores must clearly display the sale price of groceries and other foodstuffs and prohibits them from using certain pricing practices that discriminate against consumers. Specifically, it bans "surveillance-based price discrimination" (changing prices based on tracking a consumer's behavior or data), "dynamic pricing" (changing prices based on real-time demand or other factors, not just cost), and "personalized pricing" (changing prices based on a consumer's individual data or inferred characteristics). This includes price changes that happen quickly or across different transactions. For larger stores (15,000 square feet or more), the use of "electronic shelf label systems" (technology that electronically displays or updates prices, potentially using consumer data) is prohibited for four years after the bill becomes law. However, these restrictions do not apply to uniform price reductions offered to all customers who meet disclosed eligibility criteria, nor do they prevent loyalty or reward programs as long as the collected personal information is not used to alter prices. Violations are considered unlawful practices under the consumer fraud act, carrying penalties of up to $10,000 for a first offense and $20,000 for subsequent offenses, along with potential cease and desist orders, punitive damages, and treble damages for injured parties. The Division of Consumer Affairs is also required to study the impact of electronic shelf label systems on pricing transparency and job security within a year of the bill's enactment.
Committee Categories
Business and Industry
Sponsors (3)
Last Action
Introduced, Referred to Assembly Consumer Affairs Committee (on 03/19/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/A4742 |
| BillText | https://pub.njleg.gov/Bills/2026/A5000/4742_I2.HTM |
| BillText | https://pub.njleg.gov/Bills/2026/A5000/4742_I1.HTM |
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