U.S. Support for Ban on Surveillance Pricing and ESLs

A GBAO Strategies poll commissioned by the United Food and Commercial Workers International Union (UFCW) shows a majority of Americans favor prohibiting surveillance-based pricing and electronic shelf labels (ESLs) in grocery stores.

Gizmodo

Surveillance pricing uses shoppers’ location, movement, browsing history, or purchase data to set individualized prices. It is a form of dynamic pricing, where algorithms adjust prices based on demand signals like weather or time of day. Electronic shelf labels are digital tags that let retailers update prices in real time.

New York Post

68% worry surveillance pricing will raise costs. 67% support banning ESLs. 58% say digital tags would deter shopping, while 35% see no effect. 65% think ESLs will increase prices, 24% expect stability. Inflation rose 3.8% YoY in April, above 3.6% wage growth.

Gizmodo

The UFCW says ESLs enable price gouging and urges bans to protect families facing higher grocery bills. New York City Council Speaker Julie Menin calls the bills a first-in-the-nation stand against exploitative pricing. Walmart says price changes require human oversight and denies plans to use ESLs for unjustified hikes.

New York Post

Proponents prefer “personalized pricing,” arguing dynamic pricing can boost competition and reflect real-time market conditions. Critics note Maryland’s law contains exemptions that may create loopholes, limiting effectiveness. Two sources differ on the share of respondents worried about grocery costs—68% versus 66%—showing minor inconsistency.

Gizmodo

• “Electronic shelf labels are a tool for price gouging Americans – full stop – and tech companies market it as such repeatedly,” — Ademola Oyefeso, UFCW International Vice President

New York Post

• “New Yorkers deserve transparency and fairness when purchasing essential goods, and the Council will make New York the first city in the country to take a strong stand against predatory surveillance and exploitative dynamic pricing practices,” — Julie Menin, New York City Council Speaker

New York Post

• “But the company has insisted it’s not going to use ESLs for jacking up prices and insists that a human manager must be in the loop when prices change.” — Walmart spokesperson

Gizmodo

• “Federal and state lawmakers know these practices are wrong, and the UFCW urges them to get ahead of them before they appear in every store,” — Ademola Oyefeso, UFCW International Vice President

Gizmodo

Legislative proposals banning surveillance pricing and ESLs are moving in twelve states, with New York’s bills pending committee review. Maryland’s new law will be monitored for loopholes, while Walmart’s nationwide ESL rollout by late 2026 is expected to intensify the debate.

Gizmodo