RELEASE: Gottheimer Announces New Bipartisan Legislation to Ban AI Surveillance Pricing at Grocery Stores & Delivery Services

Resources / Press Share on RELEASE: Gottheimer Announces New Bipartisan Legislation to Ban AI Surveillance Pricing at Grocery Stores & Delivery Services Prevent Retailers and Delivery Apps from Using Information from AI Chatbots to Charge Consumers More for the Same Items; Sends Letters to Major Grocers Demanding Answers on AI Pricing; Calls on Department of Labor to Investigate Impact of Electronic Shelf Labels on Workers May 18, 2026 Press Above: Gottheimer announces No Rigged Grocery Prices Act. FORT LEE, NJ — Today, May 18, 2026, at Cafasso’s Fairway Market in Fort Lee, U.S. Congressman Josh Gottheimer (NJ-5), Co-Chair of the Democratic AI Commission, announced the No Rigged Grocery Prices Act, new bipartisan legislation to protect consumers from AI-powered surveillance pricing at grocery stores and third-party grocery delivery platforms. Gottheimer is introducing the bill with Republican co-lead Congressman Mike Lawler (NY-17). “Two people standing in the same store, buying the exact same item, at the exact same time could be paying two different prices based on what they’ve told their chatbot. Why? Because an algorithm decided one of them could afford more,” said Congressman Josh Gottheimer (NJ-5) . Gottheimer continued, “Imagine a mom whose kids love oranges. She buys them every single week. The algorithm sees that, knows she’ll pay whatever it charges, and quietly jacks up her price. That’s not innovation. That’s not efficient. That’s just downright wrong. That’s why my new legislation is so important, to help protect hard-working families.” Watch Gottheimer’s Full Remarks Here . Groceries are up more than 18 percent since January 2022, with beef, coffee, and tomatoes all up by double digits in the past year alone. The bill comes after Instacart was caught changing prices on products customers ordered online, charging some shoppers up to 23 percent more for the exact same item, at the exact same store, at the exact same moment. For a family of four, that amounts to roughly $1,200 more per year. The Federal Trade Commission opened a formal investigation, state attorneys general in New York and California launched their own probes, and, in a separate case for other deceptive practices, Instacart was hit with a $60 million fine. As families across North Jersey continue to feel the squeeze of rising costs, Gottheimer warned that AI surveillance pricing threatens to make things even worse. Using vast amounts of personal data, companies can deploy AI systems to identify the highest price each individual shopper will pay and charge them accordingly, meaning two people standing in the same store, buying the exact same item, at the exact same time, could pay two very different prices. That’s why Gottheimer is introducing his new bipartisan bill to stop grocers from being able to target families and increase prices. The bipartisan “No Rigged Grocery Prices” Act would: Prohibit grocery retailers and third-party delivery platforms from using consumers’ personal data to charge different prices for the same items; Require clear disclosures when prices legitimately change — such as for items sold by weight or when supply runs short; and Strengthen protections around grocery substitutions , so consumers remain in control of what ends up in their cart and what they pay for it. The legislation still allows AI to be used for discounts, promotions, loyalty programs, and rewards programs that help consumers save money. Gottheimer’s Other Actions to Protect Jersey Families: Sending letters to Amazon, Albertsons, Costco, Kroger, Walmart, Uber Eats, DoorDash, and Instacart, demanding to know how they are using AI to set prices and whether they will commit to avoiding individualized pricing based on personal data. Calling on the Department of Labor to investigate the impact of electronic shelf labels and other AI-driven technologies on grocery workers, examine existing workforce training and displacement programs, and report back to Congress on whether additional legislative action is needed to protect workers. The “No Rigged Grocery Prices” Act builds on momentum at the state level. Maryland recently passed the Protection From Predatory Pricing Act, the first state law to ban companies from using personal data to raise prices. In New Jersey, State Senator Joe Lagana is advancing the Fair Price Protection Act in Trenton. Gottheimer was joined at today’s announcement by Fort Lee Mayor Mark Sokolich, Fort Lee Councilman Harvey Sohmer, and David and Maria Cafasso of Cafasso’s Fairway Market, whose family has served the Fort Lee community for nearly a century since Umberto and Marianna Cafasso founded the store in 1927. “Republicans, Democrats, and everyone in between understand that the price on the shelf should be the same regardless of who is standing in front of it, ” said Congressman Josh Gottheimer (NJ-5) . Below: Gottheimer announces No Rigged Grocery Prices Act. Read Gottheimer’s Full Remarks Below: Good morning, everyb