ANNAPOLIS, MD – Recent public comments by Governor Wes Moore regarding so-called “predatory pricing” in grocery stores have created confusion about both existing law and the scope of newly signed legislation.

In describing the issue, Governor Moore stated that two individuals could be charged different prices for the same item based on personal data. This characterization is inaccurate under current Maryland law.

Such practices are already prohibited under the Maryland Consumer Protection Act, which clearly defines unfair or deceptive trade practices including misleading or discriminatory pricing as illegal. Any retailer engaging in the conduct described would already be subject to pre-existing enforcement action.

Importantly, the newly enacted “Protection from Predatory Pricing Act” does not address or prohibit individualized grocery pricing as described. Suggesting otherwise misrepresents both the scope and the legal effect of the legislation.

Grocery stores also operate within one of the most competitive sectors of the economy, typically sustaining profit margins of just 1–3 percent. This highly competitive environment benefits consumers by keeping prices low and limiting the ability of any single retailer to artificially inflate prices without losing business. The notion that widespread, individualized price gouging could occur in such a market is inconsistent with the economic realities of the industry.

Further, even prior to this law the Maryland Office of the Attorney General has no record of substantiated complaints indicating a pattern of grocery stores engaging in unlawful “predatory pricing increases” of the type described.

It is also important to distinguish where individualized or dynamic pricing models are more commonly used. Industries such as third-party delivery platforms, hotels, rideshare apps, and airlines have long relied on variable pricing based on demand, timing, and consumer data. These sectors, unlike traditional grocery retail, are actually where such pricing practices are most prevalent and where policy discussions would be more appropriately focused.

Accurate public communication about consumer protection laws is essential. Maryland residents deserve clarity about their rights and confidence that existing laws already safeguard them from unfair and deceptive practices.

We urge public officials to ensure that statements regarding consumer protection and pricing practices reflect the law as written and enforced.