No Rigged Grocery Prices Act

This bill prohibits food retailers and third-party delivery services from using technology that relies on a consumer's personal data to set different prices for the same food item (dynamic pricing), with some exceptions. It also requires online grocery ordering platforms to disclose changes in item availability or weight-based pricing, and delivery services to get explicit approval before substituting items. The Federal Trade Commission enforces these rules. Additionally, the Secretary of Labor must report to Congress on how electronic shelf labels affect grocery store employment.

Sec. 2, Prohibition and requirements for food retailers and third party delivery service providers related to dynamic pricing: Covered entities (food retailers over 15,000 square feet and third-party delivery services) cannot use technology that uses a consumer's personal data to engage in dynamic pricing, which is defined as raising food prices based on that consumer's data. Exceptions include promotional offers, loyalty or reward program benefits, temporary discounts for customer retention, and offers where the consumer voluntarily provides data in exchange. Prices based on objective costs like shipping or taxes are also allowed. Online grocery ordering platforms must tell consumers if an item's availability changes or if it is weighed for pricing. Third-party delivery services must get explicit consumer approval before substituting a grocery item. Violations are treated as unfair or deceptive acts under the Federal Trade Commission Act, and the FTC enforces this section.

Sec. 3, Report on the employment effects of electronic shelf labels: Within one year of this Act's enactment, the Secretary of Labor must submit a report to Congress on how grocery stores adopting electronic shelf labels affects the number of people they employ.