FTC: Rule on Unfair or Deceptive Fees in Online Food Delivery (May 18, 2026)

FMI – The Food Industry Association (FMI) writes in response to the Federal Trade Commission’s (FTC) advance notice of proposed rulemaking titled, Rule on Unfair or Deceptive Fees in Online Food Delivery, 91 FR 20381 (April 16, 2026) (“ANPRM”). FMI welcomes the opportunity to share the perspectives of the grocery supply chain and insights about the value that services like online ordering, curbside pick-up, and on-demand delivery provide to our grocery customers. As the FTC considers whether to propose a rule pertaining to online food delivery, FMI urges consideration of the benefits that these services provide to consumers and avoid imposing requirements that could stifle food retailers’ ability to innovate.

 

Online ordering, curbside pick-up, and on-demand delivery services provide convenience and access for grocery customers in communities around the country. Consumers have come to rely on online ordering and delivery services offered by FMI members and third-party platforms, and in turn, grocery delivery is a growing and important part of the food retailing industry. Overbroad or overly rigid regulations could impose a significant burden on food retailing and deprive consumers of these important services.

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