NJ Fair Price Protection Act, P.L.2026, c.55 (2026)

P.L.2026, c.55 — Fair Price Protection Act (A4085/A4523 Assembly Committee Substitute, 3R; substituted for S3612/S3717 SCS), supplementing the Consumer Fraud Act (P.L.1960, c.39). (1) Sec. 3: unlawful practice under the CFA for a person to use surveillance pricing or any other pricing strategy that determines or varies the sale price of 'groceries and other foodstuffs' (defined broadly: dairy, meat, produce, beverages, snacks, paper products, household cleaning, health and beauty, frozen foods, pet foods and supplies, etc.) based in whole or part on personal data; permitted: reasonable cost-based differences (price changed no more than once per 24 hours), bona fide discounts for publicly disclosed broadly defined groups, and opt-in loyalty programs with uniform terms and disclosures; personal data used for permitted discounts may not be used for other purposes without consent. (2) Sec. 4: one-year moratorium on new use of electronic shelf labels (repair/replacement of existing ESLs allowed). (3) Sec. 5: NJ Innovation Authority study of ESLs, report due six months before the moratorium ends. (4) Sec. 6: excludes restaurants and prepared-food establishments. (5) Sec. 7: Attorney General civil action to enjoin, enforce compliance, recover actual damages for each negligent-or-greater violation, and obtain restitution or other penalties. (6) Sec. 8: Division of Consumer Affairs rulemaking. Votes June 30, 2026: Assembly 51-20-1; Senate 22-14. Approved July 23, 2026. Effective the first day of the 13th month after enactment (August 1, 2027), except the ESL moratorium (first day of the 7th month, February 1, 2027) and the ESL study (immediately). Follows Maryland HB 895 Predatory Pricing Act and Connecticut SB 4 (P.A. 26-64).