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

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