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New Jersey advances bill to stop AI from charging shoppers different prices for the same groceries

For families already strained by high food costs, a policy like this could offer more predictability and fairness at checkout.

A person in a maroon shirt holds a jar and a smartphone while shopping in a grocery aisle.

Photo Credit: iStock

New Jersey is one step closer to banning a certain pricing tactic.

A bill cleared by state lawmakers would stop grocery sellers and delivery platforms from charging different amounts for the same item based on artificial intelligence or personal data collected about shoppers.

What's happening?

As NorthJersey.com reported, the measure would prohibit grocery stores and third-party delivery services from using dynamic, surveillance, or personalized algorithmic pricing on groceries and household essentials.

The bill focuses on systems that can update prices almost in real time through algorithms or AI, as well as tools that use consumer information connected to a specific person or device.

It was sponsored on a bipartisan basis by state Senators Britnee N. Timberlake and Vincent J. Polistina.

It would also ban what the proposal calls "surveillance pricing," meaning prices tailored to individuals or groups using information gathered through cameras, sensors, device tracking, or biometric monitoring.

Standard discounts would still be allowed, including temporary promotions, coupons, and loyalty-program savings. But stores could not rely on AI or personal data to make one shopper pay more than another for milk, produce, paper towels, pet food, or other staples.

Gov. Mikie Sherrill will now decide whether the Fair Price Protection Act becomes law.

Why does it matter?

For families already strained by high food costs, a policy like this could offer more predictability and fairness at checkout.

Privacy is also a concern. Surveillance pricing could potentially draw on data from devices, cameras, or other tracking tools.

Digital grocery shopping has become a routine part of life for many households, and AI is moving into more corners of retail. But because the restrictions apply to household goods as well as food, the impact could reach beyond the grocery aisle to other everyday necessities that make up a large share of monthly budgets.

What's being done?

If the governor signs the bill, enforcement would fall under New Jersey's Consumer Fraud Act.

A first violation could bring a fine of up to $10,000, with later offenses reaching $20,000. Businesses could also face remedies such as cease-and-desist orders, punitive damages, and treble damages for affected consumers.

The measure would also establish a Grocery Pricing Fairness Fund in the Department of the Treasury. Civil penalty money would be deposited there and then sent to the Department of Agriculture to distribute to community food pantries, where it could be used only to purchase groceries and other food items.

If signed, the law would take effect on the first day of the seventh month after enactment, giving regulators time to write rules and giving businesses time to prepare for compliance.

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