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This bill prohibits retail food stores from price gouging and using surveillance-based price setting practices, and requires disclosure of facial recognition technology use. It also bans electronic shelf labels in larger stores and establishes enforcement mechanisms.
Sec. 2, Prohibition on price gouging: Operators of retail food stores cannot sell items at a grossly excessive price. An affirmative defense exists if the price increase is directly due to costs outside the store's control. The Federal Trade Commission (FTC) must issue regulations within 180 days defining key terms like 'market' and 'grossly excessive price,' which may include prices at or above 120% of the average price over the prior six months.
Sec. 3, Prohibition on surveillance-based price setting: Stores cannot adjust prices based on a consumer's personal information, including data from facial recognition technology or electronic shelf labels. Exceptions allow price differences based on reasonable costs, discounts for specific groups (e.g., seniors, students) with public criteria, and uniform rewards. Biometric data use is allowed only with voluntary consumer consent, written disclosures, and no sale to third parties.
Sec. 4, Required disclosure of use of facial recognition technology: Stores using facial recognition must post clear signage at the main entrance explaining the technology and its purpose. This does not apply to online entities.
Sec. 5, Prohibition on electronic shelf labels: Stores larger than 10,000 square feet cannot use electronic shelf labels or digital displays and must use non-digital price presentations (e.g., shelf tags or stickers). This does not apply to online entities or prevent discounts based on purchase history under section 3(b).
Sec. 6, Enforcement: Violations are treated as unfair or deceptive acts under the FTC Act, with FTC enforcement powers. State attorneys general can sue for injunctions, damages (minimum $3,000 per violation), or restitution. Consumers can also sue for damages (minimum $3,000) or injunctions, with triple damages for willful violations, plus attorney's fees. Pre-dispute arbitration agreements and joint action waivers are invalid for these claims.
Sec. 7, Preemption of directly conflicting state laws: The bill does not preempt state laws unless they directly conflict, and state laws providing additional consumer protections are not considered conflicting.
Sec. 8, Authorization of appropriations: $5 million is authorized for fiscal year 2025, available until September 30, 2032, to carry out the Act.
Sec. 9, Definitions: Key terms are defined, including 'biometric data,' 'electronic shelf label,' 'facial recognition technology,' 'personal information' (covering a wide range of traits and data), 'surveillance-based price setting,' and 'retail food store' (referencing the Food and Nutrition Act of 2008).
Summary of the bill text as introduced in House (Aug 12, 2025), generated by SecBot from the official bill text; the Library of Congress summary is not yet published.
No amendments offered
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Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 27, 2026.