A 4085 New Jersey General Assembly · 2026-2027 Regular Session

Establishes "Fair Price Protection Act."*

New Jersey Assembly Bill A4085 prohibits businesses from using consumers' personal data to set prices for goods or services. It specifically bans pricing strategies that vary prices based on biometric data, genetic information, or protected class data (like race, gender, or disability) through methods such as personalized algorithmic pricing or surveillance pricing. The law applies to all business entities selling merchandise or services within New Jersey and imposes fines up to $10,000 for first violations and $20,000 for repeat offenses, plus potential penalties like cease-and-desist orders. Businesses may still offer standard discounts, promotions, or loyalty programs, which are explicitly exempted from the ban.

Issues: ✓ Technology

Bill status signed all 5 stages cleared

Introduction

Feb 2026

Committee Review

Jun 2026

General Assembly Passage

Jun 2026

Senate Passage

Jun 2026

Signed into Law

Jul 2026

Introduced Feb 19, 2026 Signed Jul 23, 2026

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What changed between versions

Assembly Committee Substitute → Reprint Of Substitute · 13 edits

MAJOR

The First Reprint of A4085 makes substantial changes to New Jersey's algorithmic grocery pricing bill. The most significant changes include: merging the separate 'personalized algorithmic pricing' definition into a broader 'surveillance pricing' definition, adding a 24-hour limit on price changes for cost-based pricing, expanding the Attorney General's enforcement authority to any violation or public interest matter, broadening the definition of electronic shelving labels to include QR-code-based displays, and delaying the effective date from 7 to 13 months after enactment.

Scope change

The bill's scope was both broadened and narrowed. It was broadened by: removing the Internet-connected requirement for electronic shelving labels (now including QR-code-based displays), expanding AG enforcement to any violation or public interest matter, and removing location-data exceptions for operational cost calculations. It was narrowed by: limiting 'personal data' to consumers rather than all persons, adding a 24-hour price change limit that creates a safe harbor for infrequent adjustments, and requiring public (not just conspicuous) disclosure of discount eligibility.

DEFINITION

The separate definition of 'personalized algorithmic pricing' was removed and merged into a redefined 'surveillance pricing' term that now covers both algorithmic price variation based on personal data AND pricing based on data collected through electronic surveillance technology (sensors, cameras, device tracking, biometric monitoring).

A new definition of 'Price' was added, covering stated monetary amounts before or after discounts, hypothetical discounts, and targeted discounts as defined in N.J.A.C.13:45A-9.1.

The definition of 'electronic shelving label' was broadened by removing the 'Internet-connected' requirement and explicitly including labels visible only after scanning a QR code, barcode, or other code.

The definition of 'location' was narrowed by removing exceptions for data used to 'calculate operational costs, or assess supply, demand, and local marketplace conditions,' making it easier to find a location-based pricing violation.

The definition of 'bona fide discount' was narrowed by requiring the lower price to be in a person's 'recent, regular course of business,' not just widely offered to the public.

SCOPE

The definition of 'personal data' was narrowed from applying to any 'person' to only 'consumer,' limiting the bill's reach to consumer-facing pricing rather than all person-to-person interactions.

REQUIREMENT

A new 24-hour limit was added to the cost-based pricing exception: prices may not be changed more than once in a 24-hour period when offering different prices based on reasonable costs of providing goods to different consumers.

ELIGIBILITY

The bona fide discount exception now requires eligibility conditions to be 'publicly and conspicuously disclosed' rather than just 'conspicuously disclosed,' adding a public disclosure requirement.

A new loyalty program exception was added for programs that include pricing benefits offered by another person, subject to four conditions: voluntary opt-in, uniform pricing benefits for all members, clear and conspicuous disclosures of pricing benefits and data practices to participants, and public disclosure of all pricing benefits, discounts, and data practices.

The loyalty program exception was expanded from covering only 'coupons' to also covering 'discounts, rebates, or coupons.'

ENFORCEMENT

The Attorney General's enforcement authority was dramatically expanded. Previously limited to violations of specific sections (3(a) and 4), the AG can now bring civil action for any violation of the act, a related pending bill, any regulations, or whenever the AG deems it in the public interest.

The penalty provision was clarified to apply to 'negligent or greater' violations, specifying the standard for when actual damages or $50,000 per violation applies.

TIMELINE

The effective date was extended from 7 months after enactment to 13 months after enactment, giving agencies more time to prepare for implementation.

Introduced → Assembly Committee Substitute · 8 edits

MODERATE

The bill was dramatically narrowed in scope from prohibiting all business entities from using personal data to set prices on any merchandise or services, to only covering personalized algorithmic pricing and surveillance pricing of groceries and other foodstuffs. A new one-year moratorium on electronic shelf labels was added, along with a study requirement by the New Jersey Innovation Authority. The Attorney General was given explicit civil enforcement authority with a minimum $50,000 penalty per violation, and the regulatory rulemaking authority was made discretionary rather than mandatory.

SCOPE

The bill's scope was narrowed from covering all merchandise and services to only groceries and other foodstuffs (dairy, meat, produce, seafood, beverages, snack foods, candy, baked goods, paper products, household cleaning items, health and beauty products, frozen foods, pet foods, and other edible products).

A one-year moratorium on the new use of electronic shelf labels was added (Section 4). The New Jersey Innovation Authority must conduct a study on their effects and impact on surveillance pricing, with a final report due six months before the moratorium expires. After the moratorium, they may be used if compliant with the Consumer Fraud Act.

DEFINITION

Definitions for biometric data, business entity, consumer, genetic information, merchandise, protected class data, and service were all removed. The term 'person' replaced 'business entity' as the regulated actor.

New definitions were added for 'bona fide discount,' 'electronic shelving label,' 'groceries and other foodstuffs,' 'location' (consumer geolocation data used to infer identity, residence, or protected class membership, excluding data used for fulfillment, operational costs, or market conditions), and 'person.'

ENFORCEMENT

A new Section 5 gives the Attorney General authority to bring civil actions for violations, including injunctive relief, enforcement of compliance, actual damages or $50,000 per violation (whichever is greater), and any other restitution or penalty the court deems appropriate.

The regulatory rulemaking provision was changed from 'shall adopt rules' (mandatory) to 'may adopt rules' (discretionary), giving the Director of Consumer Affairs flexibility on whether to issue implementing regulations.

ELIGIBILITY

The exemption for discounts was expanded from a simple carve-out to three specific permissible categories: (1) price differences based on reasonable costs of providing goods to different persons, (2) bona fide discounts with conspicuously disclosed criteria offered uniformly to broadly defined groups (e.g., teachers, veterans), and (3) loyalty program discounts including points, credits, or purchase-based coupons.

REQUIREMENT

A new data-use restriction was added: if a person uses personal data to offer price differences under the exemptions, that personal data shall not be used for any other purpose.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jun 30, 2026

Upper · Passed

Passed Senate (Passed Both Houses) (22-14)

upper

Jun 30, 2026

Lower · Passed

Passed by the Assembly (51-20-1)

lower

Jun 28, 2026

Committee

Recommitted to Assembly Budget Committee

lower

May 14, 2026

Committee

Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee

lower

Mar 19, 2026

Committee

Reported as an Assembly Committee Substitute and Referred to Assembly Commerce and Economic Development Committee

lower

Feb 19, 2026

Introduced

Introduced, Referred to Assembly Consumer Affairs Committee

lower

5 primary · 19 co-sponsors