H.R. 8229 — Lower Grocery Prices Act

This section prohibits surveillance-based price setting for food, groceries, or agricultural commodities, subject to exceptions for (1) price differences based solely on reasonable costs of providing goods or services to different consumers, (2) discounts to broadly defined groups (e.g., teachers, veterans, senior citizens, students) based on publicly disclosed eligibility criteria, or (3) discounts through affirmatively enrolled loyalty, membership, or rewards programs, provided eligibility criteria are clearly disclosed, discounts are offered uniformly, and surveillance data is used solely for administering the discount. Persons intending to use such exceptions must publish procedures (for data accuracy, consumer challenges and disclosures, and automated decision-making processes) in a conspicuous format at least 180 days in advance. The section authorizes Federal Trade Commission (FTC) enforcement of the prohibition and related regulations as unfair or deceptive acts or practices or unfair methods of competition under the FTC Act (15 U.S.C. 45, 57a), with full FTC powers and expanded jurisdiction over common carriers subject to the Communications Act of 1934 and nonprofit organizations notwithstanding exemptions in FTC Act sections 4, 5(a)(2), and 6 (15 U.S.C. 44, 45(a)(2), 46); permits state attorneys general to bring parens patriae civil actions for injunctive relief, compliance, actual damages or $3,000 per violation (whichever greater), and other remedies; and establishes a private right of action for injured persons to seek injunctive relief, actual damages or $3,000 per violation (whichever greater), and other remedies.