Maryland Enacts Law Targeting Personalized Price Markups in Grocery Sector
In 2026, Maryland became the first U.S. state to pass legislation addressing personalized pricing, specifically targeting markups in the grocery and food delivery sectors. The law, known as HB 895: Protection From Predatory Pricing Act, prohibits large grocers (15,000+ square feet) and third-party food delivery services from using personal data to charge individual shoppers higher prices for tax-exempt food items. This targeted approach aims to prevent what is often termed 'surveillance pricing,' where algorithms use personal data to set individualized prices. The Maryland law explicitly exempts promotions, loyalty and retention benefits, subscriptions, consent-based offers, and pricing based on cost, location, supply, and demand. This contrasts with broader legislative proposals in New Jersey, New York, and Colorado, which have sought to restrict personalized pricing in both directions (increases and decreases) across a wider range of goods and services. Maryland's law focuses on the adverse outcome of pe...