S 8616

Summary

As amended 5/6/2026: - Prohibits food and drug retail establishments from using electronic shelf labels or any other digital shelf display technology. - Prohibits food and drug retail establishments from engaging in personalized algorithmic pricing or surveillance pricing. - Prohibits the use of an individual's protected class data by food and drug retail establishments to set different prices or deny services. - Establishes a private right of action for aggrieved consumers, employees, or labor organizations, allowing for statutory damages of at least $5,000 per violation. - NOTE: 5/6 amended version: - Modifies the term "dynamic and surveillance pricing" to make and define each as distinctive terms. - Strikes the definition of "personalized algorithmic pricing." - Defines "bona fide discount" and "bona fide custom discount." - Clarifies that the restrictions do not prohibit food and drug retail establishments fromproviding consumers a bona fide discount or bona fide custom discount. - Strikes provision allowing consumers a private right of action. - Authorizes the Attorney General to promulgate rules and regulations to implement and enforce the requirements.

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