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New Jersey becomes one of the first states to ban dynamic pricing

The law sets a one-year pause on new electronic shelf labels and keeps loyalty discounts intact while barring individualized grocery prices based on personal data.

  • On Thursday, Governor Mikie Sherrill signed the Fair Price Protection Act into law, banning New Jersey businesses from using personal data to charge shoppers different prices for identical products.
  • Surveillance pricing, which uses personal data to set individualized costs, prompted Democratic-led states like Connecticut and Maryland to enact similar bans over concerns that retailers gouge customers.
  • A one-year moratorium on new electronic shelf labels accompanies the ban, pending a study from the New Jersey Innovation Authority on the technology's impact on shoppers and workers.
  • The National Grocers Association criticized the measure, arguing it unfairly punishes independent grocers that rely on traditional cost-based pricing, promotions, and loyalty programs rather than algorithmic models.
  • Exceptions remain for loyalty programs and discounts for seniors or teachers, provided they are offered equally, while New York Governor Kathy Hochul reviews similar legislation.
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NBC New York broke the news in New York, United States on Thursday, July 23, 2026.
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