Grocery Shoppers Can Sue Retailers for Surveillance Pricing Under New Law

Grocery shoppers in New Jersey would gain the ability to sue retailers over “surveillance pricing” under a new state law. Gov. Mikie Sherrill signed the Fair Price Protection Act on July 23, 2026, extending New Jersey’s role as the third U.S. state to restrict surveillance pricing and the first to give shoppers direct litigation rights. The law takes effect February 1, 2027 and covers retailers and third-party delivery platforms, including Instacart, that use online activity, real-time location, purchase history, or demographic inferences to charge higher prices for identical groceries. The statute bars individualized algorithmic and demographic pricing that raises a specific shopper’s cost above what the market generally charges, while keeping loyalty programs and broadly tiered discounts legal. The bill follows a Dec. 9, 2025 investigation reporting some shoppers paid up to 23% more.