I 

117TH CONGRESS 

1ST SESSION H. R. 675 

To prohibit price gouging in connection with the public health emergency 

resulting from COVID–19, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2021 

Ms. SCHAKOWSKY (for herself, Mr. PALLONE, Mr. NADLER, and Mr. 

CICILLINE) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prohibit price gouging in connection with the public 

health emergency resulting from COVID–19, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This title may be cited as the ‘‘COVID–19 Price 

5 Gouging Prevention Act’’. 

6 SEC. 2. PREVENTION OF PRICE GOUGING. 

7 (a) IN GENERAL.—For the duration of a public 

8 health emergency declared pursuant to section 319 of the 

9 Public Health Service Act (42 U.S.C. 247d) as a result 


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1 of confirmed cases of 2019 novel coronavirus (COVID– 

2 19), including any renewal thereof, it shall be unlawful 

3 for any person to sell or offer for sale a good or service 

4 at a price that— 

5 (1) is unconscionably excessive; and 

6 (2) indicates the seller is using the cir7 cumstances related to such public health emergency 

8 to increase prices unreasonably. 

9 (b) FACTORS FOR CONSIDERATION.—In determining 

10 whether a person has violated subsection (a), there shall 

11 be taken into account, with respect to the price at which 

12 such person sold or offered for sale the good or service, 

13 factors that include the following: 

14 (1) Whether such price grossly exceeds the av15 erage price at which the same or a similar good or 

16 service was sold or offered for sale by such person— 

17 (A) during the 90-day period immediately 

18 preceding January 31, 2020; or 

19 (B) during the period that is 45 days be20 fore or after the date that is one year before 

21 the date such good or service is sold or offered 

22 for sale under subsection (a). 

23 (2) Whether such price grossly exceeds the av24 erage price at which the same or a similar good or 


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1 service was readily obtainable from other similarly 

2 situated competing sellers before January 31, 2020. 

3 (3) Whether such price reasonably reflects addi4 tional costs, not within the control of such person, 

5 that were paid, incurred, or reasonably anticipated 

6 by such person, or reasonably reflects the profit7 ability of forgone sales or additional risks taken by 

8 such person, to produce, distribute, obtain, or sell 

9 such good or service under the circumstances. 

10 (c) ENFORCEMENT.— 

11 (1) ENFORCEMENT BY FEDERAL TRADE COM12 MISSION.— 

13 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC14 TICES.—A violation of subsection (a) shall be 

15 treated as a violation of a regulation under sec16 tion 18(a)(1)(B) of the Federal Trade Commis17 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 

18 unfair or deceptive acts or practices. 

19 (B) POWERS OF COMMISSION.—The Com20 mission shall enforce subsection (a) in the same 

21 manner, by the same means, and with the same 

22 jurisdiction, powers, and duties as though all 

23 applicable terms and provisions of the Federal 

24 Trade Commission Act (15 U.S.C. 41 et seq.) 

25 were incorporated into and made a part of this 


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1 section. Any person who violates such sub2 section shall be subject to the penalties and en3 titled to the privileges and immunities provided 

4 in the Federal Trade Commission Act. 

5 (2) EFFECT ON OTHER LAWS.—Nothing in this 

6 section shall be construed in any way to limit the 

7 authority of the Commission under any other provi8 sion of law. 

9 (3) ENFORCEMENT BY STATE ATTORNEYS GEN10 ERAL.— 

11 (A) IN GENERAL.—If the chief law en12 forcement officer of a State, or an official or 

13 agency designated by a State, has reason to be14 lieve that any person has violated or is violating 

15 subsection (a), the attorney general, official, or 

16 agency of the State, in addition to any author17 ity it may have to bring an action in State 

18 court under its laws, may bring a civil action in 

19 any appropriate United States district court or 

20 in any other court of competent jurisdiction, in21 cluding a State court, to— 

22 (i) enjoin further such violation by 

23 such person; 

24 (ii) enforce compliance with such sub25 section; 


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1 (iii) obtain civil penalties; and 

2 (iv) obtain damages, restitution, or 

3 other compensation on behalf of residents 

4 of the State. 

5 (B) NOTICE AND INTERVENTION BY THE

6 FTC.—The attorney general of a State shall 

7 provide prior written notice of any action under 

8 subparagraph (A) to the Commission and pro9 vide the Commission with a copy of the com10 plaint in the action, except in any case in which 

11 such prior notice is not feasible, in which case 

12 the attorney general shall serve such notice im13 mediately upon instituting such action. The 

14 Commission shall have the right— 

15 (i) to intervene in the action; 

16 (ii) upon so intervening, to be heard 

17 on all matters arising therein; and 

18 (iii) to file petitions for appeal. 

19 (C) LIMITATION ON STATE ACTION WHILE

20 FEDERAL ACTION IS PENDING.—If the Commis21 sion has instituted a civil action for violation of 

22 this section, no State attorney general, or offi23 cial or agency of a State, may bring an action 

24 under this paragraph during the pendency of 

25 that action against any defendant named in the 


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1 complaint of the Commission for any violation 

2 of this section alleged in the complaint. 

3 (D) RELATIONSHIP WITH STATE-LAW

4 CLAIMS.—If the attorney general of a State has 

5 authority to bring an action under State law di6 rected at acts or practices that also violate this 

7 section, the attorney general may assert the 

8 State-law claim and a claim under this section 

9 in the same civil action. 

10 (4) SAVINGS CLAUSE.—Nothing in this section 

11 shall preempt or otherwise affect any State or local 

12 law. 

13 (d) DEFINITIONS.—In this section: 

14 (1) COMMISSION.—The term ‘‘Commission’’ 

15 means the Federal Trade Commission. 

16 (2) GOOD OR SERVICE.—The term ‘‘good or 

17 service’’ means a good or service offered in com18 merce, including— 

19 (A) food, beverages, water, ice, a chemical, 

20 or a personal hygiene product; 

21 (B) any personal protective equipment for 

22 protection from or prevention of contagious dis23 eases, filtering facepiece respirators, medical 

24 equipment and supplies (including medical test25 ing supplies), a drug as defined in section 


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1 201(g)(1) of the Federal Food, Drug, and Cos2 metic Act (21 U.S.C. 321(g)(1)), cleaning sup3 plies, disinfectants, sanitizers; or 

4 (C) any healthcare service, cleaning serv5 ice, or delivery service. 

6 (3) STATE.—The term ‘‘State’’ means each of 

7 the several States, the District of Columbia, each 

8 commonwealth, territory, or possession of the United 

9 States, and each federally recognized Indian Tribe. 

Æ 


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