Bill
HB 5222
HB 5222 bans dynamic pricing in groceries, requiring uniform, posted price changes and 12-month records, with enforcement under the state consumer protection act.
Status
- Introduced November 5, 2025 by Rep. Jason Morgan; read a first time and referred to the House Committee on Economic Competitiveness. Bill electronically reproduced 11/05/2025.
- Tie-bar: the bill does not take effect unless Senate Bill No. ____ or House Bill No. 5224 of the 103rd Legislature is enacted.
- If enacted, the law takes effect 180 days after the date of enactment.
Purpose
- To prohibit retail groceries from using dynamic pricing systems for the sale of food and to establish recordkeeping, disclosure, and enforcement rules intended to ensure price uniformity and transparency for grocery shoppers.
Key provisions
- Prohibition: A retail grocery may not use “dynamic pricing” in the sale of food.
- Permitted manual adjustments: Price changes for spoilage, restocking, or time-limited promotions are allowed only if all of the following are true:
- The change is made by an employee;
- The changed price is applied uniformly to all customers; and
- The new price is clearly posted on the product shelf or in-store signage and printed on the customer receipt.
- Digital price tags: Allowed provided the displayed price matches the point-of-sale charge and is not subject to dynamic pricing.
- Coupons and discounts: Customers may use uniformly available coupons, loyalty discounts, or manufacturer rebates offered on the same terms to every customer; these must not vary according to prohibited external conditions.
- Recordkeeping: Retail groceries must keep records of each product price change and the reason for the change for 12 months and must provide those records to the department or the attorney general upon request.
- Enforcement: A violation is treated as a violation of the Michigan Consumer Protection Act (1976 PA 331, MCL 445.901–445.922), subjecting the violator to the remedies and enforcement mechanisms available under that Act.
Key definitions
- “Digital price tag”: an electronic in-store device capable of remote or automatic updates.
- “Dynamic pricing”: pricing that adjusts at any time (including outside normal business hours) based on external conditions such as time of day, day of week, weather/temperature, or customer attributes (e.g., location, demographic profile, purchase history, or protected characteristics under the Elliott‑Larsen Civil Rights Act).
Who is affected
- Retail groceries operating in Michigan (e.g., supermarkets and similar food retailers) that currently use or consider using automated or algorithmic pricing systems. Consumers would see protections against price changes tied to customer characteristics, time, or external conditions.
Practical impact and considerations
- Would restrict use of automated, algorithmic, or remote price-adjustment systems tied to variable external conditions, while permitting manually applied, uniformly posted discounts.
- Requires new compliance practices: visible price postings, receipt printing of adjusted prices, and 12-month retention of price-change records.
Compiled from official sources — confirm details with the bill’s official record.
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