New Jersey · Enacted, Not Yet in Effect

New Jersey Fair Price Protection Act: Fair Price Protection Act

From August 1, 2027, New Jersey bans surveillance pricing for groceries and household goods under its Consumer Fraud Act. Consumers can sue, including for treble damages, making it the first state surveillance pricing law with a private right of action.

S3612 / A4085

Last verified Oct 6, 2026 · Takes effect Aug 1, 2027 · Not legal advice

What Does New Jersey Fair Price Protection Act Require?

StatusEnacted; signed July 23, 2026
Takes effectAugust 1, 2027. A one-year moratorium on new electronic shelf labels starts February 1, 2027
Who it coversSellers of groceries and other foodstuffs, including food and beverages, paper products, household cleaning items, health and beauty products, frozen foods and pet food
What it prohibitsSurveillance pricing: setting or varying prices of covered goods based on personal data
ExemptionsReasonable cost-based price changes (at most once per 24 hours); bona fide discounts with publicly disclosed, uniformly applied eligibility criteria; opt-in loyalty programs
EnforcementAttorney General under the Consumer Fraud Act
Private right of actionYes, including treble damages and class actions

Which Discounts Are Exempt?

Its eligibility criteria must be publicly disclosed and applied uniformly. A segment rule that is written down, published and applied the same way to everyone who meets it is the kind of discount this exemption describes. See the Disclose stage.

Can Consumers Sue Under the Law?

Class actions can be brought by consumers directly, so exposure no longer depends only on the Attorney General’s priorities.

How Can a Business Comply with New Jersey Fair Price Protection Act?

  • 4. Disclose: Write the customer explanation from the rule that set the price.

Primary Sources

  1. Skadden, Jul 2026
  2. Greenberg Traurig, Sep 2026