Governor Mikie Sherrill Signs New Jersey Surveillance Pricing Ban

Governor Mikie Sherrill signed the Fair Price Protection Act into law on July 23, 2026, banning the use of surveillance pricing for essential food products, commodities, and services. The law prohibits retailers and third-party delivery platforms from utilizing personal data—including biometric monitoring, genetic information, online behavioral data, income, and location—to charge different prices for the same items based on a customer's perceived willingness to pay.

As part of the legislation, the state implemented a first-of-its-kind one-year moratorium on the installation of new electronic shelving labels. This pause allows New Jersey to study the impact of such technology and prevent rapid, automated price changes. New Jersey is the third U.S. state to ban these practices, following Maryland and Connecticut, while New York Governor Kathy Hochul is currently reviewing similar legislation.

Supporters, including the United Food and Commercial Workers International Union and the New Jersey Working Families Party, praised the move as a victory against AI-powered price gouging. Conversely, the New Jersey Business & Industry Association argued that the law unfairly characterizes businesses as villains and warned that the restrictions could unintentionally eliminate legitimate consumer discounts. The law will take effect in one year, and Sherrill noted it will not interfere with standard loyalty programs.