In one paragraph
New Jersey's S 3732 would make it an unlawful practice under the Consumer Fraud Act for a retail food store or third-party grocery delivery platform to use dynamic pricing, surveillance pricing or personalized algorithmic pricing when selling groceries, in person or online. Discounts and loyalty benefits based on past purchases would still be allowed. Introduced March 5, 2026 and referred to the Senate Commerce Committee; it has not passed either house.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill has not been enacted. If enacted, grocery retailers and grocery delivery platforms could not use these algorithmic or surveillance pricing methods.
Key provisions
- Would define dynamic pricing as pricing that fluctuates where algorithmic or AI models retrain or recalibrate in near real time, excluding promotions, loyalty benefits and temporary discounts.
- Would define surveillance pricing as customized prices based in whole or part on information collected through electronic surveillance technology (sensors, cameras, device tracking, biometric monitoring and similar).
- Would make using dynamic, surveillance or personalized algorithmic pricing on groceries by a retail food store or third-party grocery delivery platform an unlawful practice under P.L.1960, c.39.
- Would not limit discounts, promotional prices or loyalty benefits offered based on previous purchase history.
- The sponsor's statement says consumer fraud act penalties are up to $10,000 for a first offense and $20,000 for later ones; penalties from this bill would go to a Grocery Pricing Fairness Fund for community food pantries.
- The Director of Consumer Affairs would adopt implementing rules; the act would take effect on the first day of the seventh month after enactment.
- Status: introduced March 5, 2026 and referred to the Senate Commerce Committee; not passed by either house.
Latest legislative action
Mar 5, 2026. Introduced in the Senate, Referred to Senate Commerce Committee
Sponsors (showing 5 of 37)
| Name | Role |
|---|---|
| Cryan, Joseph P. | Primary |
| Freiman, Roy D | Primary |
| Greenstein, Linda R. | Primary |
| Moriarty, Paul D. | Primary |
| Mukherji, Raj D | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error