New Jersey becomes one of the first states to ban dynamic pricing - New York Post

What the report says

The New York Post reports that New Jersey has enacted the Fair Price Protection Act, a law aimed at restricting “surveillance pricing” and placing a temporary limit on the spread of electronic shelf labels in stores. According to the report, Gov. Mikie Sherrill signed the measure, which is set to take effect on February 1, 2027.

The law bars retailers from using collected consumer information — such as online behavior, location, purchase history or similar data — to set individualized prices for the same goods. It also creates a one-year moratorium on new electronic shelf labels, or ESLs, while the New Jersey Innovation Authority reviews the technology. Retailers that already use digital shelf tags may continue using, repairing or replacing them, and the governor said the measure does not prohibit loyalty programs or discounts.

The Post said major retailers including Walmart and Kroger have been adopting ESLs, which companies argue can reduce paper use, save labor time and allow employees to focus on other tasks. Critics, including some lawmakers and consumer advocates, have warned that digital tags could make it easier to change prices quickly or tie prices to shopper data and outside conditions.

The development places New Jersey among the early states moving against dynamic or surveillance-based pricing. The Post noted that Maryland passed a related law in April 2026, though Consumer Reports criticized that measure as having limited enforcement and exceptions that weaken its protections. The New Jersey law matters because it links privacy concerns with everyday retail pricing at a time when consumers remain sensitive to grocery and household costs.