H.R. 8895

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8895 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8895

To prohibit food retailers and third party delivery service providers 
from using technology that uses the personal data of a consumer to 
engage in dynamic pricing, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 19, 2026

Mr. Gottheimer (for himself and Mr. Lawler) introduced the following 
bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To prohibit food retailers and third party delivery service providers 
from using technology that uses the personal data of a consumer to 
engage in dynamic pricing, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``No Rigged Grocery Prices Act''.

SEC. 2. PROHIBITION AND REQUIREMENTS FOR FOOD RETAILERS AND THIRD PARTY 
DELIVERY SERVICE PROVIDERS RELATED TO DYNAMIC PRICING.

(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2), a 
covered entity may not use any technology that uses the 
personal data of a consumer to engage in dynamic pricing.
(2) Exceptions.--Paragraph (1) does not apply with respect 
to any of the following:
(A) An offer made to a consumer by a covered 
entity--
(i) that is--
(I) a promotional pricing offer, a 
loyalty program benefit, a reward 
program benefit, or any other similar 
membership benefit with respect to 
which any consumer may voluntarily 
enroll or consent to participate in; or
(II) a temporary discount or price 
change related to retention of existing 
customers; or
(ii) with respect to which the consumer 
consented to provide personal data or other 
information to the covered entity in exchange 
for such offer.
(B) The price of food set by a covered entity based 
on objective costs (such as costs related to shipping 
or taxes) related to different consumers.
(b) Requirements.--
(1) In general.--With respect to a covered entity that 
offers to a consumer the option to order a grocery item online, 
the covered entity shall disclose to the consumer--
(A) if the availability of the grocery item has 
changed; or
(B) if the grocery item is weighed to determine the 
price of the such item.
(2) Requirements for third party delivery service 
providers.--With respect to a third party delivery service 
provider that offers to a consumer the option to order a 
grocery item online, the third party delivery service provider 
shall obtain explicit approval from the consumer to substitute 
such grocery item before the third party delivery service 
provider or an agent thereof substitutes such item on behalf of 
the consumer.
(c) Enforcement.--
(1) Unfair or deceptive acts or practices.--A violation of 
this section shall be treated as a violation of a regulation 
under section 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices.
(2) Powers of commission.--The Federal Trade Commission 
shall enforce this section in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
and made a part of this Act. Any person who violates this 
section shall be subject to the penalties and entitled to the 
privileges and immunities provided in the Federal Trade 
Commission Act.
(d) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means any 
of the following:
(A) A food retailer.
(B) A third party delivery service provider.
(2) Dynamic pricing.--The term ``dynamic pricing'' means 
the practice of increasing the price of food offered for sale 
to a consumer based on the personal data or other information 
of such consumer.
(3) Food retailer.--The term ``food retailer'' means a 
business that--
(A) is at least 15,000 square feet; and
(B) sells food to consumers.
(4) Third party delivery service provider.--The term 
``third party delivery service provider'' means an entity that 
facilitates the delivery of food to a consumer.
(5) Personal data.--The term ``personal data'' means any 
information that is linked or can be reasonably linked to an 
identified or identifiable consumer.

SEC. 3. REPORT ON THE EMPLOYMENT EFFECTS OF ELECTRONIC SHELF LABELS.

Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Labor shall submit to Congress a report on any effect 
of grocery stores adopting the use of electronic shelf labels on the 
number of individuals employed by such grocery stores.
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