119-hr4966

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4966 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 4966

 To prohibit retail food stores from price gouging and engaging in 
 surveillance-based price setting practices, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 August 12, 2025

Ms. Tlaib (for herself, Mr. Casar, Mr. Nadler, Ms. Clarke of New York, 
 Mr. Tran, Ms. Simon, Mr. Garcia of Illinois, Ms. Hoyle of Oregon, Mr. 
Evans of Pennsylvania, Ms. Lee of Pennsylvania, Mr. Pocan, Mr. Carson, 
Ms. Norton, Mrs. Watson Coleman, Mrs. McIver, Ms. Ansari, Mrs. Ramirez, 
 Ms. Ocasio-Cortez, Ms. Pressley, Ms. Garcia of Texas, Ms. Leger 
 Fernandez, Ms. Jayapal, and Mr. Thanedar) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
 in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
 of such provisions as fall within the jurisdiction of the committee 
 concerned

_______________________________________________________________________

 A BILL

 To prohibit retail food stores from price gouging and engaging in 
 surveillance-based price setting practices, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Stop Price Gouging in Grocery Stores 
Act of 2025''.

SEC. 2. PROHIBITION ON PRICE GOUGING.

    (a) Prohibition.--An operator of a retail food store may not sell 
or offer for sale an item at a grossly excessive price.

    (b) Affirmative Defense.--An operator of a retail food store does 
not sell or offer for sale an item at a grossly excessive price in 
violation of subsection

    (a) if the retail food store demonstrates to 
the Commission that the increase in the price of the item involved is 
directly attributable to additional costs that are--

    (1) not within the control of the retail food store; and

    (2) incurred by the retail food store in procuring, 
 acquiring, distributing, or providing the item.
            (c) Required Guidance.--Not later than 180 days after the date of 
the enactment of this Act, the Commission shall promulgate, pursuant to 
553 of title 5, United States Code, regulations with respect to 
violations of subsection

    (a) that shall include guidelines on what 
constitutes (for purposes of this Act)--

    (1) a market;

    (2) a grossly excessive price for an item; and

    (3) an excessive price for an item.
            (d) Definition of Grossly Excessive Price.--

    (1) In general.--For purposes of subsection

    (a) and the 
 guidelines required by subsection
            (c) , the Commission shall 
 define the term ``grossly excessive price'' using any metric it 
 deems appropriate.

    (2) Definition considerations.--In formulating the 
 definition described in paragraph

    (1) , the Commission shall 
 consider whether to provide that such term shall include a 
 price for an item that is an amount equal to or greater than 
 120 percent (or a lesser percentage, as determined appropriate 
 by the Commission) of the average price for such item in the 
 market during the 6-month period preceding the sale or offer 
 for sale that allegedly violates subsection

    (a) .

SEC. 3. PROHIBITION ON SURVEILLANCE-BASED PRICE SETTING.

    (a) Prohibition.--An operator of a retail food store may not engage 
in surveillance-based price setting, including by--

    (1) adjusting the price of any item for a consumer 
 (directly or indirectly) based on the personal information of 
 the consumer, including such personal information collected 
 using facial recognition technology; and

    (2) using an electronic shelf label to change the price of 
 an item for a consumer based on the personal information of 
 such consumer.

    (b) General Exceptions.--An operator of a retail food store does 
not engage in surveillance-based price setting in violation of 
subsection

    (a) if the retail food store demonstrates to the Commission 
that each of the following conditions is met:

    (1) A difference in the price of an item is based solely on 
 reasonable costs associated with providing the item to 
 different consumers.

    (2) A discounted price of an item is offered to members of 
 a particular group that relates to occupation, age, military 
 service, student status, or other factors approved by the 
 Commission, based on publicly disclosed eligibility criteria.

    (3) Any discount or reward with respect to an item is 
 offered uniformly to all consumers who meet the disclosed 
 eligibility criteria.

    (4) Any personal information is used solely to offer or 
 administer the discount or reward and is not used for any other 
 purpose, including targeted advertising and surveillance-based 
 price setting.
            (c) Exceptions for Use of Biometric Data.--Notwithstanding 
subsection

    (a) , an operator of a retail food store may use biometric 
data of a consumer if such consumer chooses to voluntarily verify the 
identity of such consumer by providing such biometric data, if such 
retail food store--

    (1) informs the consumer or the legally authorized 
 representative of the consumer in writing that such biometric 
 data is being collected, stored, or used by such retail food 
 store;

    (2) informs the consumer or the legally authorized 
 representative of the consumer in writing of the specific 
 purpose and length of term for which such biometric data is 
 being collected, stored, and used;

    (3) informs the consumer or the legally authorized 
 representative of the consumer in writing of the specific 
 circumstances under which biometric data is shared with law 
 enforcement;

    (4) receives a written release executed by the consumer or 
 the legally authorized representative of the consumer for the 
 collection, storage, or use of such biometric data; and

    (5) does not sell such biometric data to, or share such 
 biometric data with, any third party.

SEC. 4. REQUIRED DISCLOSURE OF USE OF FACIAL RECOGNITION TECHNOLOGY.

    (a) Requirement.--A retail food store that uses facial recognition 
technology at such retail food store shall notify consumers of such 
retail food store (in plain and simple language) about such use and the 
intended purpose of such technology and use through clear and 
conspicuous signage placed at the main entrance to the retail food 
store.

    (b) Limitation.--For purposes of this section, the term ``retail 
food store'' does not include an online entity.

SEC. 5. PROHIBITION ON ELECTRONIC SHELF LABELS.

    (a) Prohibition.--An operator of a retail food store larger than 
10,000 square feet--

    (1) may not use an electronic shelf label or any digital 
 shelf display technology in such retail food store; and

    (2) shall use a non-digital presentation of the price of 
 each item in such retail food store.

    (b) Rule of Construction.--Nothing in this section may be construed 
to prohibit a retail food store from providing a consumer, based on the 
purchase history of such consumer, a discounted or promotional price in 
accordance with the conditions described in 

section 3

    (b) .
            (c) Limitation.--For purposes of this section, the term ``retail 
food store'' does not include an online entity.

SEC. 6. ENFORCEMENT.

    (a) Enforcement by Federal Trade Commission.--

    (1) Unfair or deceptive acts or practices.--A violation of 
 

section 2

    (a) , 3

    (a) , 4

    (a) , or 5

    (a) (or a regulation promulgated 
 under such section) shall be treated as a violation of a 
 regulation under 

section 18

    (a)

    (1)
        (B) of the Federal Trade 
 Commission Act (15 U.S.C. 57a

    (a)

    (1)
        (B) ) regarding unfair or 
 deceptive acts or practices and as a violation of 

section 5

    (a) of such Act (15 U.S.C. 45

    (a) ) regarding unfair methods of 
 competition.

    (2) Powers of commission.--The Commission shall enforce 
 

section 2

    (a) , 3

    (a) , 4

    (a) , and 5

    (a) (and any regulations 
 promulgated under such sections) in the same manner, by the 
 same means, and with the same jurisdiction, powers, and duties 
 as though all applicable terms and provisions of the Federal 
 Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated 
 into and made a part of this Act. Any retail food store that 
 violates such sections (or any regulations promulgated under 
 such sections) shall be subject to the penalties and entitled 
 to the privileges and immunities provided in the Federal Trade 
 Commission Act.

    (3) Regulations.--The Commission may promulgate, pursuant 
 to 553 of title 5, United States Code, any regulations the 
 Commission determines necessary to carry out the provisions of 
 this Act.

    (b) Actions by States.--

    (1) In general.--In any case in which the attorney general 
 of a State, or an official or agency of a State, has reason to 
 believe that an interest of the residents of such State has 
 been or is threatened or adversely affected by an act or 
 practice in violation of 

section 2

    (a) , 3

    (a) , 4

    (a) , or 5

    (a) (or 
 a regulation promulgated under such section), the State, as 
 parens patriae, may bring a civil action on behalf of the 
 residents of the State in an appropriate State court or an 
 appropriate district court of the United States to--
        (A) enjoin such act or practice;
        (B) enforce compliance with such section (or such 
 regulation);
            (C) obtain, for each such violation, the greater 
 of--
            (i) the actual monetary damages incurred 
 from the violation; or
            (ii) $3,000; or
            (D) obtain any restitution, penalties, and other 
 legal or equitable relief as the court may deem just 
 and proper.

    (2) Rule of construction.--Nothing in this subsection may 
 be construed to prevent an attorney general, official, or 
 agency of a State from exercising the powers conferred on the 
 attorney general, official, or agency by the laws of the State 
 to conduct investigations, to administer oaths or affirmations, 
 or to compel the attendance of witnesses or the production of 
 documentary or other evidence.
            (c) Private Right of Action.--

    (1) In general.--A consumer injured by an act or practice 
 in violation of 

section 2

    (a) , 3

    (a) , 4

    (a) , or 5

    (a) (or a 
 regulation promulgated under such section) may bring in an 
 appropriate district court of the United States--
        (A) an action to enjoin the violation;
        (B) an action to obtain, for each such violation, 
 the greater of--
            (i) the actual monetary damages incurred 
 from the violation; or
            (ii) $3,000; or
            (C) an action to obtain any restitution, penalties, 
 and other legal or equitable relief as the court may 
 deem just and proper.

    (2) Willful or knowing violations.--If the court finds that 
 the defendant acted willfully or knowingly in committing a 
 violation described in paragraph

    (1) , the court shall increase 
 the amount of the award to an amount that is 3 times the amount 
 available under paragraph

    (1)
        (B) .

    (3) Costs and attorney's fees.--The court shall award to a 
 prevailing plaintiff in an action under this subsection the 
 costs of such action and reasonable attorney's fees, as 
 determined by the court.

    (4) Limitation.--An action may be commenced under this 
 subsection not later than 5 years after the date on which a 
 consumer first discovered or had a reasonable opportunity to 
 discover the violation.

    (5) Nonexclusive remedy.--The remedy provided by this 
 subsection shall be in addition to any other remedies available 
 to the consumer.

    (6) Invalidity of pre-dispute arbitration and joint action 
 waivers.--Notwithstanding any other provision of law, a pre-
 dispute arbitration agreement or pre-dispute joint action 
 waiver between a retail food store and a consumer shall not be 
 valid or enforceable for purposes of this section.

SEC. 7. PREEMPTION OF DIRECTLY CONFLICTING STATE LAWS.

    (a) In General.--Nothing in this Act may be construed to preempt, 
displace, or supplant any State law, except to the extent that a 
provision of State law conflicts with a provision of this Act, and then 
only to the extent of the conflict.

    (b) Greater Protection Under State Law.--For purposes of this 
section, a provision of State law does not conflict with a provision of 
this Act if such provision of State law provides additional protections 
to consumers protected under this Act with respect to price gouging, 
surveillance-based price setting, collecting personal information, or 
using facial recognition technology in retail food stores.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

 There is authorized to be appropriated for the fiscal year 2025 
$5,000,000 (to remain available until September 30, 2032) to carry out 
this Act.

SEC. 9. DEFINITIONS.

 In this Act:

    (1) Biometric data.--The term ``biometric data'' means data 
 generated by automatic measurements, including data gathered 
 through the use of facial recognition technology, or other 
 representations of the biological characteristics of a 
 consumer, including--
        (A) fingerprints;
        (B) voice prints;
            (C) iris or retina scans;
            (D) gait; and
        (E) other unique biological patterns.

    (2) Commission.--The term ``Commission'' means the Federal 
 Trade Commission.

    (3) Electronic shelf label.--The term ``electronic shelf 
 label'' means electronic and wireless paper (E-paper) displays 
 or digital price tags that present product and pricing 
 information.

    (4) Electronic surveillance technology.--The term 
 ``electronic surveillance technology'' means a technological 
 method, system, or other tool of surveillance used to observe, 
 monitor, or collect information related to an consumer, 
 including sensors, cameras, device tracking, biometric 
 monitoring, facial recognition technology, or other forms of 
 observation or data collection that are capable of gathering 
 personal information about a consumer.

    (5) Facial recognition technology.--The term ``facial 
 recognition technology'' means technology that facilitates or 
 otherwise enables an automated or semi-automated process that--
        (A) assists in identifying a consumer based on the 
 physical characteristics of the face of such consumer; 
 or
        (B) logs characteristics of the face, head, or body 
 of a consumer to infer the emotion, associations, 
 activities, or location of such consumer.

    (6) Item.--The term ``item'' means a specific and distinct 
 product, good, or commodity available for sale.

    (7) Non-digital presentation of price.--The term ``non-
 digital presentation of price'' means--
        (A) a sign that offers the unit price for 1 or more 
 brands or sizes of a given item;
        (B) a sticker, stamp, sign, label, or tag affixed 
 to the shelf upon which the item is displayed; and
            (C) a sticker, stamp, sign, label, or tag affixed 
 to the item.

    (8) Personal information.--The term ``personal 
 information'' means any quality, feature, attribute, or trait 
 of a consumer that is reasonably capable of being associated 
 with, or could be reasonably linked to, directly or indirectly, 
 a particular consumer or a household of a particular consumer, 
 including--
        (A) any immutable characteristic, including race 
 and eye color;
        (B) any mutable characteristic, including address, 
 weight, citizenship, and family or parental status;
            (C) identifiers, including a real name, alias, 
 postal address, unique personal identifier, online 
 identifier, Internet Protocol address, email address, 
 account name, social security number, driver's license 
 number, passport number, and other similar identifier;
            (D) commercial information, including records of 
 personal property, products or services purchased, 
 obtained, or considered, and other purchasing or 
 consuming histories or tendencies;
        (E) biometric data;
        (F) internet or other electronic network activity 
 information, including browsing history, search 
 history, and other information regarding interaction by 
 such consumer with a website, application, or 
 advertisement;
        (G) geolocation data;
        (H) audio, electronic, visual, thermal, olfactory, 
 and other similar information;
            (I) professional or employment-related information;
        (J) educational information, including educational 
 experience, qualifications, and affiliations;
        (K) inferences drawn from any of the information 
 described in this paragraph and used to create a 
 profile about such consumer reflecting the preferences, 
 characteristics, psychological trends, predispositions, 
 behavior, attitudes, intelligence, abilities, and 
 aptitudes of such consumer;
            (L) interests, including the political, personal, 
 and professional affiliation of such consumer;
            (M) financial circumstances, including personal or 
 household wealth, income, property, debt, and credit 
 history; and
        (N) actions, habits, behaviors, and attributes of 
 such consumer, whether in a physical or digital 
 environment.

    (9) Pre-dispute arbitration agreement.--The term ``pre-
 dispute arbitration agreement'' means any agreement to 
 arbitrate a dispute that has not yet arisen at the time of the 
 making of the agreement.

    (10) Pre-dispute joint action waiver.--The term ``pre-
 dispute joint action waiver'' means an agreement, including as 
 part of a pre-dispute arbitration agreement, that would 
 prohibit, or waive the right of, a party to the agreement from 
 participating in a joint, class, or collective action in a 
 judicial, arbitral, administrative, or other forum, concerning 
 a dispute that has not yet arisen at the time of the making of 
 the agreement.

    (11) Price.--The term ``price'' means the amount charged to 
 a consumer in relation to a transaction, including any related 
 cost, fee, and other material term of the transaction that has 
 a direct bearing on the amount paid by the consumer for the 
 item sold or offered for sale to the consumer.

    (12) Retail food store.--The term ``retail food store'' has 
 the same meaning given the term in 

section 3 of the Food and 
 Nutrition Act of 2008 (7 U.S.C. 2012).

    (13) Surveillance-based price setting.--The term 
 ``surveillance-based price setting'' means offering, setting, 
 or informing a customized price for an item for a specific 
 consumer or group of consumers, based, in whole or in part, on 
 personal information collected through electronic surveillance 
 technology, including such information gathered, purchased, or 
 otherwise acquired.
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