For the first time in the United States, a law has been passed prohibiting 'supervised pricing,' which allows for price changes based on personal data, even for the same product.



Maryland has passed the first law in the United States to ban 'supervised pricing' in grocery stores.

Moore Signs Legislation Governor to Protect Marylanders' Pocketbooks in Grocery Stores, Safeguard Voting Rights, and Strengthen Foster Care Oversight - Press Releases - News - Office of Governor Wes Moore

https://governor.maryland.gov/news/press/pages/Governor-Moore-Signs-Legislation-to-Protect-Marylanders%E2%80%99-Pocketbooks-in-Grocery-Stores,-Safeguard-Voting-Rights,-and-Streng.aspx

Maryland Signs New Grocery Personalized Pricing Ban - Consumer Reports
https://www.consumerreports.org/money/grocery-stores-supermarkets/maryland-passes-first-law-in-us-banning-personalized-pricing-a3386234932/

Maryland becomes first state to ban surveillance pricing in grocery stores | Technology | The Guardian
https://www.theguardian.com/technology/2026/apr/29/maryland-grocery-stores-ban-surveillance-pricing

Supervised pricing is a system that analyzes shoppers' personal data and presents different prices to each shopper, even for the same product. For example, it uses shoppers' location, internet search history, age, income, and other attribute information to estimate how much a shopper is willing to pay and quickly change the product price.

In Maryland, a new law was enacted on April 28, 2026, when Governor Wes Moore signed it into law. The law prohibits grocery stores and third-party delivery services from using personal data to inflate prices. At the signing ceremony, Moore said, 'Technology is now able to predict what people need, when they will need it, how much they will pay for it, and even when they will pay more. While big corporations are using analytics to their advantage and making record profits, Maryland is not just going to resist. Maryland is going to move forward and protect its citizens.'




With supervised pricing, the price paid by each shopper will vary, even if they purchase the same product at roughly the same time. Opponents of supervised pricing criticize it as 'essentially allowing companies to estimate the maximum amount each shopper is willing to pay and then charge them the absolute maximum price.'

What is 'supervised pricing,' where large corporations exploit consumers to the limit by taking advantage of the information gap? What's the problem? - GIGAZINE



While Maryland's new law targets grocery stores, the U.S. Federal Trade Commission (FTC) has reported instances of monitored pricing in stores selling clothing, beauty products, household goods, and hardware. However, consumer groups argue that monitored pricing in grocery stores is particularly urgent because grocery prices directly impact people's daily lives.

Besides Maryland, bills regulating supervised pricing are also being considered in Colorado, California, Massachusetts, Illinois, and New Jersey. The federal government has also shown interest in supervised pricing, and the FTC under the Biden administration launched an investigation into the practice. Initial findings, published in January 2025 , showed that companies use a wide range of personal data when setting different prices for different shoppers.

However, it is considered unlikely that the current federal government will crack down hard on supervised pricing. This is because Andrew Ferguson, the current FTC chairman, has described the previous administration's report as 'hastily put together.' Tom McBrien, legal counsel for the digital privacy protection group Electronic Privacy Information Center (EPIC), says that precisely because federal enforcement is unlikely, state governments like Maryland need to take action.

While welcoming Maryland's move towards supervised pricing, McBrien expressed concern that industry lobbying had allowed loopholes to be included. 'I'm pleased that Maryland has taken a step forward, but I also have serious concerns. The exemption allows companies to achieve the same result in other ways that consumers are less likely to notice,' he said.

The new Maryland law includes exemptions for member-only programs and promotional campaigns. While the new law prohibits raising prices through supervised pricing, it does not regulate lowering prices. For example, a company could raise a base price for everyone and then offer different discounts to individual shoppers, effectively resulting in different prices for each customer. McBrien explains that companies can combine price increases and individual discounts and 'end up getting to the same result.'



In a statement, the non-profit consumer group Consumer Reports praised Governor Moore for prioritizing monitored pricing but criticized Maryland's new law for having 'weak enforcement provisions.'

The new Maryland law can only be enforced by the State Attorney General, and individual lawsuits are not permitted. In the United States, the right of individuals who have been harmed by a legal violation to sue a company themselves is called 'private action.' If private action is recognized, consumers and citizens can pursue corporate illegal activities in court even if government agencies do not take action. When private action is not recognized, enforcement largely depends on the judgment of public institutions such as the State Attorney General.

Consumer Reports stated, 'We urge the Maryland Legislature to review the bill next year, incorporating stronger consumer protections and eliminating loopholes that undermine the spirit of the law.'

Lee Hepner, senior legal counsel at the anti-monopoly and corporate watchdog group American Economic Liberties Project, states, 'Private sue is a fundamental element of accountability. Only the threat of effective enforcement is an effective deterrent to lawbreaking.'




Hepner argues that while states like Colorado, California, and New York are working to create proper legal frameworks to regulate supervised pricing, the Maryland bill should not be seen as a model. According to Hepner, the Maryland bill should not be seen as a model for consumer protection, but rather as a 'permit for continued discrimination' created by the industry.




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