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Seattle Proposes Nation-First Ban on Grocery “Surveillance Pricing”

By Drooid · · How we work

Background: Rising Food Costs and Algorithmic Price Discrimination

Consumers have faced the steepest rise in food prices since the 1970s, with prices up-up-up nearly 35 % since 2019, according to personal-finance firm NerdWallet. At the same time, investigations have revealed that large grocers and delivery apps track shoppers’ online behavior—mouse movements, abandoned cart items, location and even biometric data—to adjust prices in real time. A 2025 Consumer Reports study found that such “algorithmic price discrimination” produced price gaps of up to 23 % for identical items, with a typical basket at Seattle’s Safeway varying by about $10 and only 8 % of shoppers receiving the lowest price. The practice, described by the city as a “shadowy market,” has already prompted state-level actions in New York, Maryland and Connecticut, and the Federal Trade Commission has begun its own inquiry.

Core Provisions of the Fair Pricing and Transparency Ordinance

The ordinance, drafted by Councilmember Alexis Mercedes Rinck with Mayor Katie Wilson, would prohibit large grocery chains and delivery services from setting prices based on any personal data, including demographics, location, browsing patterns or biometric identifiers. Exceptions carve out stores with fewer than 20 locations, convenience stores and farmers markets. The city also allows existing loyalty programs to continue under revised terms and permits electronic shelf-label technology, which the council originally sought to ban.

Official Positions and Industry Opposition

City officials argue the rule restores pricing based on product cost rather than shopper identity. Councilmember Rinck emphasized that “prices should be based on the product, not the shopper.” Safeway’s spokesperson Sara Osborne warned that the ban would force the chain to cancel its loyalty program, which she says saves the average shopper $30 per week, and that customers would then “pay full retail price.” The Protect Seattle Savings coalition has circulated texts claiming the ban would raise prices further.

Data, Impact, and Verbatim Quotes

  • “That’s not a good foundation for a fair economy or one that serves working families,” — Councilmember Alexis Mercedes Rinck, who wrote the ordinance with Mayor Katie Wilson
  • “Prices should be based on the product, not the shopper.” — Councilmember Alexis Mercedes Rinck, who wrote the ordinance with Mayor Katie Wilson
  • “If (the bill) passes, we will not be able to offer these additional savings and customers will have to pay full retail price,” — Sara Osborne, spokesperson for the 17 Seattle-area Safeway stores
  • “Safeway does not use customers’ personal information to charge them a higher price. We do use customer information responsibly to offer voluntary savings.” — Councilmember Alexis Mercedes Rinck, who wrote the ordinance with Mayor Katie Wilson

These statements capture the central arguments from city leaders and the Safeway spokesperson as the council prepares to vote on the measure on Tuesday.