S3892119th CongressWALLET

Stop Price Gouging in Grocery Stores Act of 2026

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

Introduced

Summary

This bill would create a federal framework to ban price gouging and surveillance-based price setting by retail food stores and restrict the use of biometric and personal data to set grocery prices. It also mandates store disclosures and limits digital shelf-pricing tools for large stores.

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  • Shoppers and families would get protection against selling at a “grossly excessive” price, with the FTC required to define that term and possibly set a threshold at 120% of a market’s six‑month average price.
  • Retailers and tech providers face new limits: stores larger than 10,000 square feet may not use electronic shelf labels and must show non-digital prices, while biometric ID can be used only with written consent and specific notices; cost-based and public group discounts are allowed.
  • Enforcement is broad: the Federal Trade Commission can act, states may sue parens patriae, and consumers can bring private suits with damages of actual or $3,000 per violation, trebling for knowing violations and a five-year statute of limitations.

*Would authorize a $5.0 million appropriation for fiscal year 2026, increasing federal spending by that amount.*

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

More enforcement and consumer lawsuits

If enacted, the FTC could enforce these rules as unfair or deceptive acts and write implementing regulations. Consumers could sue stores in federal court and get, for each violation, the larger of actual damages or $3,000. Willful or knowing violations would require tripled damages. Prevailing plaintiffs could recover costs and attorney fees, and suits must start within five years of discovery. States could bring similar actions and the bill authorizes $5,000,000 for implementation, available until September 30, 2032. The bill would not stop states from having stronger consumer protections unless a direct conflict exists.

Ban on extreme grocery price gouging

If enacted, operators of retail food stores would be barred from selling items at a 'grossly excessive price.' The FTC would have 180 days to define terms like 'grossly excessive price' and may consider a threshold such as 120% of recent market price. A store could defend a higher price if it shows the increase came from added costs beyond the store's control tied to getting or providing the item.

Limits on personalized grocery pricing

If enacted, stores would be banned from setting prices for a shopper based on that shopper's personal data, including data from facial recognition. Physical stores larger than 10,000 square feet could not use electronic shelf labels and must show prices on signs, stickers, or tags. Stores could still offer group discounts (for example students or veterans) if eligibility rules are public and applied to everyone who meets them. Adults could voluntarily verify identity with biometric data only after written notices and a signed release, and stores could not sell that biometric data. Physical stores that use facial recognition would also have to post clear signs at their main entrance.

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

Roll Call Votes

No roll call votes available for this bill.

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