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119-s-3892119th CongressWALLET

Stop Price Gouging in Grocery Stores Act of 2026

Sponsored By: Senator Luján, Ben Ray [D-NM]

Introduced

Summary

Prohibits price gouging and surveillance-based price setting in retail food stores. This bill would ban grossly excessive prices and pricing that targets shoppers using their personal data, while giving regulators and courts tools to stop and punish those practices.

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  • Shoppers and families would gain protection from steep, targeted price hikes. The Federal Trade Commission could treat prices at or above 120% of a six-month market average as grossly excessive.
  • Retailers could argue a defense when higher prices come from costs out of their control. Large stores over 10,000 square feet must present non-digital prices and cannot use electronic shelf labels to change prices.
  • The Federal Trade Commission and state attorneys general could enforce the law, and consumers could sue for the greater of actual damages or $3,000 per violation, with treble damages for willful violations and a five-year filing window.

*Would authorize $5.0 million in appropriations for fiscal year 2026, available through September 30, 2032, increasing federal outlays by that amount.*

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Consumer and state enforcement rights

If enacted, consumers who are harmed could sue in federal court for each violation and get the greater of actual monetary damages or $3,000. If a court finds the violation was willful or knowing, the award would be tripled. A winning plaintiff could recover court costs and reasonable attorney fees. Actions would generally have to start within five years of when the consumer discovered the violation. State attorneys general could also sue on behalf of residents and seek the same per-violation damages, restitution, and other relief.

Ban on grocery price gouging

If enacted, the bill would prohibit retail food stores from selling items at a grossly excessive price. It would also ban changing a price for a specific shopper based on that shopper's personal information (including data from facial recognition). Stores larger than 10,000 square feet would not be allowed to use electronic shelf labels and must show non-digital prices. A store could defend a high price by proving the increase was directly caused by added costs beyond the store's control. The bill would still allow uniform discounts for groups when eligibility rules are public and personal data is used only to administer the discount.

FTC rules and definitions for pricing

If enacted, the Federal Trade Commission would have to write rules within 180 days defining a market and what counts as an "excessive" or "grossly excessive" price. The FTC could use any metric and should consider calling prices 20% or more above the six-month average "grossly excessive." The bill also adds legal definitions for terms like "price," "electronic shelf label," "biometric data," and "personal information." The FTC would be able to enforce the Act like other unfair or deceptive practices and issue implementing regulations.

Limits on biometric use and signage

If enacted, adults could voluntarily provide biometric data to verify identity only after giving written consent and a written release. Stores would have to give written notice about what biometric data they collect, why they collect it, how long they keep it, and when they might share it with law enforcement. Stores would be barred from selling or sharing biometric data with third parties. Stores that use facial recognition would also have to post a plain-language sign at the main entrance explaining the use and purpose; the signage rule would not apply to online stores.

Funding to enforce the bill

If enacted, the bill would authorize $5,000,000 for fiscal year 2026 to carry out and enforce the Act. Those funds would remain available through September 30, 2032. The money would be for agency rulemaking and enforcement, not direct payments to shoppers.

Sponsors & CoSponsors

Sponsor

Luján, Ben Ray [D-NM]

NM • D

Cosponsors

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 2/12/2026

  • Sen. Rosen, Jacky [D-NV]

    NV • D

    Sponsored 2/12/2026

  • Sen. Gillibrand, Kirsten E. [D-NY]

    NY • D

    Sponsored 2/12/2026

  • Sen. Heinrich, Martin [D-NM]

    NM • D

    Sponsored 2/12/2026

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 3/17/2026

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 4/29/2026

  • Sen. Ossoff, Jon [D-GA]

    GA • D

    Sponsored 4/29/2026

  • Sen. Bennet, Michael F. [D-CO]

    CO • D

    Sponsored 4/29/2026

  • Sen. Duckworth, Tammy [D-IL]

    IL • D

    Sponsored 5/19/2026

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 6/8/2026

Roll Call Votes

No roll call votes available for this bill.

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