New Jersey Governor Mikie Sherrill signed the Fair Price Protection Act into law on Sunday, July 26th, 2026, prohibiting businesses from using shoppers’ personal information to charge different prices for identical products. This legislation makes New Jersey the third state in the US to ban surveillance pricing, a practice where retailers use data such as online activity, location, and purchasing history to arbitrarily alter prices for individual consumers.
Sherrill stated, “New Jersey families are already feeling the pressure of higher costs. The last thing they need is companies secretly using their personal data to charge them more than someone else for the exact same product. If businesses want to compete, they should do so by offering better prices, not by finding new ways to squeeze shoppers. This law puts New Jersey shoppers first by protecting their privacy and ensuring fairness in pricing.”
The law specifically prohibits businesses from setting individualized prices on groceries and other essential items based on personal data. Additionally, it imposes a one-year pause on the rollout of new electronic shelf labels while the New Jersey Innovation Authority studies their impact.
Ademola Oyefeso, vice-president of the labor union United Food and Commercial Workers International, praised the moratorium on electronic shelf labels, saying, “The law’s moratorium on the use of electronic shelf labels is an important step to ensure this technology does not harm New Jersey shoppers or workers.”
New Jersey’s legislation follows similar bans in Maryland and Connecticut. Meanwhile, a comparable bill in New York awaits Governor Kathy Hochul’s signature to prohibit personalized price manipulation.
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