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U.S. states · Enacted

Fair Price Protection Act (A4085/A4523 ACS; S3612): ban on surveillance pricing of groceries and moratorium on new electronic shelf labels

Verified Checked against its sources on 4 sources quoted

Jurisdiction
New Jersey
Bill or instrument
A4085/A4523 (Assembly Committee Substitute, 3R); S3612 (P.L. chapter number not yet published on the Legislature's site as of 2026-10-16)
Status
Enacted; staged effective dates (moratorium February 1, 2027; main provisions August 1, 2027)
Enacted
July 23, 2026
Effective
2027-08-01 (main provisions); 2027-02-01 (electronic shelf label moratorium); study provision immediately
Applies to
Persons selling groceries and other foodstuffs, including retail food stores and third-party grocery delivery platforms
Sectors
Grocery retail; delivery platforms
Penalties
Unlawful practice under the Consumer Fraud Act (P.L.1960, c.39); a law-firm alert cites fines up to $20,000 for repeat violations
Enforcement
Attorney General and Division of Consumer Affairs (rulemaking authority) under the Consumer Fraud Act

Summary

New Jersey prohibited surveillance pricing of groceries and other foodstuffs: it is an unlawful practice under the Consumer Fraud Act to use surveillance pricing, or any other pricing strategy, that sets or varies the sale price of groceries based in whole or in part on personal data. Surveillance pricing is defined as pricing determined, adjusted, optimized or recommended by an algorithm or automated system using personal data, including inferred data, that results in price variation for individuals or groups. Price differences based on reasonable cost, publicly disclosed bona fide discounts for broad groups, and opt-in loyalty programs with uniform terms and disclosed data practices remain permitted. The act also imposes a one-year moratorium on new electronic shelf labels while the New Jersey Innovation Authority studies them; existing labels may stay in use.

Key dates

  1. July 23, 2026Enacted
  2. October 16, 2026Checked against sources
  3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

  1. Governor Mikie Sherrill today signed the Fair Price Protection Act into law, protecting New Jersey shoppers from discriminatory surveillance pricing.

    Supports: Signing

    Posted on 07/23/2026

    Supports: Date

    The bill also places a one-year moratorium on the new use of electronic shelf labels while the New JerseyInnovation Authority studies the effects and impact of that technology.

    Supports: Electronic shelf label moratorium

    Governor Sherrill Signs the Fair Price Protection Act to Shield New Jersey Grocery Shoppers from Surveillance Pricing Office of the Governor of New Jersey Primary source

  2. determined, adjusted, optimized, or recommended by an algorithm or automated system, based, in whole or in part, on using personal data, including data derived, or inferred from other data, and that results in price variation for individual consumers or groups of consumers.

    Supports: Definition of surveillance pricing

    Notwithstanding any law, regulation, or rule to the contrary, it shall be considered an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a person to use

    Supports: Consumer Fraud Act enforcement

    Assembly Committee Substitute for A4085 and A4523, Third Reprint New Jersey Legislature (Office of Legislative Services) Primary source

  3. Sherrill signed A-4085/S-3612, sponsored by Assemblyman Chigozie Onyema (D-28) and Senator Joseph Cryan (D-20)

    Supports: Bill numbers and sponsors

    Governor signs bill banning surveillance pricing as NJBIA warns of fallout New Jersey Business & Industry Association Reporting or analysis

  4. Section 4, which establishes the one-year moratorium on the new use of electronic shelf labels, takes effect on February 1, 2027. The Act’s remaining provisions take effect on August 1, 2027.

    Supports: Effective dates

    New Jersey Takes Aim at Algorithmic and Surveillance Pricing: What Landlords and Retailers Need to Know About the FAIR Act and the Fair Price Protection Act Crowell & Moring Reporting or analysis

Suggested citation. Eminence Scan, “Fair Price Protection Act (A4085/A4523 ACS; S3612): ban on surveillance pricing of groceries and moratorium on new electronic shelf labels”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/state-092/.

Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.

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