New Jersey Bans Surveillance Pricing, Pauses New Digital Shelf Labels

Surveillance pricing uses algorithms and personal data to estimate what an individual shopper is willing or able to pay, potentially producing different prices for the same product. The practice has drawn scrutiny as retailers expand data collection and electronic shelf labels, which can update prices rapidly. New Jersey’s Fair Price Protection Act treats data-driven price discrimination in groceries and other foodstuffs as a consumer-protection issue, while preserving bona fide loyalty discounts and distinguishing electronic labels themselves from their use for personalized pricing.

Governor Mikie Sherrill signed the measure on July 23, 2026, after the New Jersey Senate approved it 22-14 and the Assembly 51-20-1 on June 30. It bars businesses from using online activity, location, purchasing history and other personal data to charge different prices for identical products. The law also imposes a one-year moratorium on new electronic shelf labels, while allowing stores to use, repair or replace existing systems. The New Jersey Innovation Authority, consulting the Division of Consumer Affairs, must study consumer effects and report before the moratorium ends.