NJ S3612: Establishes "Fair Price Protection Act."

In one paragraph

New Jersey's Fair Price Protection Act (S 3612) was substituted on June 30, 2026 by A 4085 (Assembly committee substitute for A 4085 and A 4523, third reprint), which became P.L.2026, c.55 on July 23, 2026. It makes surveillance pricing of groceries and other foodstuffs, meaning pricing set in whole or part by an algorithm or automated system using personal data, an unlawful practice under the Consumer Fraud Act, with exceptions. It also sets a one-year moratorium on new electronic shelf labels. Effective August 1, 2027 (first day of the 13th month after enactment); the moratorium section takes effect February 1, 2027.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

From August 1, 2027, sellers of groceries and other foodstuffs must not set or vary prices from personal data, other than under the listed exceptions, and face Attorney General enforcement under the Consumer Fraud Act. New electronic shelf label use is paused for one year.

Key provisions

1. 1Sec. 3: unlawful practice under the Consumer Fraud Act (P.L.1960, c.39) to use surveillance pricing or any other pricing strategy that determines or varies the sale price of groceries and other foodstuffs based in whole or in part on personal data
2. 2Exceptions: different prices based on reasonable costs (price not changed more than once in 24 hours), bona fide discounts publicly disclosed and uniformly offered to a broadly defined group, and opt-in loyalty programs with uniform terms and clear disclosures
3. 3Personal data used under an exception may not be used for any other purpose without the consumer's consent
4. 4Sec. 4-5: one-year moratorium on new use of electronic shelf labels (section 4 takes effect February 1, 2027), except to repair or replace existing labels; the NJ Innovation Authority, with the Division of Consumer Affairs, must study their effects and impact on surveillance pricing and report at least six months before the moratorium ends
5. 5Sec. 6: does not apply to food or beverages sold by establishments primarily preparing them for immediate consumption
6. 6Sec. 7-8: the Attorney General may sue to enjoin, enforce compliance and obtain restitution, penalties and actual damages for each negligent or greater violation; the Division of Consumer Affairs Director may adopt rules
7. 7Passed the Assembly 51-20-1 and the Senate 22-14 on June 30, 2026; approved July 23, 2026 as P.L.2026, c.55; takes effect on the first day of the 13th month next following enactment (August 1, 2027)

Latest legislative action

Jul 23, 2026. Approved P.L.2026, c.55.

Sponsors (showing 5 of 11)