I 
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. GARCI´A 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. GAR-
CIA
of Texas, Ms. LEGER
FERNANDEZ, Ms. JAYAPAL, and Mr. 
THANEDAR) introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To prohibit retail food stores from price gouging and engag-
ing in surveillance-based price setting practices, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 gross-
ly excessive price in violation of subsection (a) if the retail 
food store demonstrates to the Commission that the in-
crease in the price of the item involved is directly attrib-
utable to additional costs that are— 
(1) not within the control of the retail food 
store; and 
(2) incurred by the retail food store in pro-
curing, acquiring, distributing, or providing the item. 
(c) REQUIRED GUIDANCE.—Not later than 180 days 
after the date of the enactment of this Act, the Commis-
sion shall promulgate, pursuant to 553 of title 5, United 
States Code, regulations with respect to violations of sub-
section (a) that shall include guidelines on what con-
stitutes (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 
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Commission shall define the term ‘‘grossly excessive 
price’’ using any metric it deems appropriate. 
(2) DEFINITION CONSIDERATIONS.—In formu-
lating 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 sub-
section (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, includ-
ing by— 
(1) adjusting the price of any item for a con-
sumer (directly or indirectly) based on the personal 
information of the consumer, including such per-
sonal 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 per-
sonal information of such consumer. 
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(b) GENERAL EXCEPTIONS.—An operator of a retail 
food store does not engage in surveillance-based price set-
ting 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 occu-
pation, age, military service, student status, or other 
factors approved by the Commission, based on pub-
licly 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 ad-
vertising 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 
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consumer by providing such biometric data, if such retail 
food store— 
(1) informs the consumer or the legally author-
ized 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 author-
ized 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 author-
ized 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 REC-
OGNITION TECHNOLOGY. 
(a) REQUIREMENT.—A retail food store that uses fa-
cial recognition technology at such retail food store shall 
notify consumers of such retail food store (in plain and 
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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 sec-
tion 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 ac-
cordance 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 COMMIS-
SION.— 
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(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of section 2(a), 3(a), 4(a), or 
5(a) (or a regulation promulgated under such sec-
tion) 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 viola-
tion of section 5(a) of such Act (15 U.S.C. 45(a)) 
regarding unfair methods of competition. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce section 2(a), 3(a), 4(a), and 5(a) 
(and any regulations promulgated under such sec-
tions) 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 sec-
tions) 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 pro-
mulgate, pursuant to 553 of title 5, United States 
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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 at-
torney 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 in-
curred 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. 
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(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, offi-
cial, 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 pro-
duction 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 vio-
lation, the greater of— 
(i) the actual monetary damages in-
curred 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 
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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 com-
menced 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 vio-
lation. 
(5) NONEXCLUSIVE REMEDY.—The remedy pro-
vided 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. 
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SEC. 7. PREEMPTION OF DIRECTLY CONFLICTING STATE 
LAWS. 
(a) IN GENERAL.—Nothing in this Act may be con-
strued 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 infor-
mation, 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 Sep-
tember 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 measure-
ments, including data gathered through the use of 
facial recognition technology, or other representa-
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tions 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
TECH-
NOLOGY.—The term ‘‘electronic surveillance tech-
nology’’ means a technological method, system, or 
other tool of surveillance used to observe, monitor, 
or collect information related to an consumer, in-
cluding sensors, cameras, device tracking, biometric 
monitoring, facial recognition technology, or other 
forms of observation or data collection that are ca-
pable of gathering personal information about a con-
sumer. 
(5) FACIAL RECOGNITION TECHNOLOGY.—The 
term ‘‘facial recognition technology’’ means tech-
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