FTC: Proposed Enforcement Policy Statement Regarding Personalized Pricing (September 25, 2026)

FMI – The Food Industry Association writes in response to the Federal Trade Commission’s (Commission or FTC) Proposed Enforcement Policy Statement Regarding Personalized Pricing. FMI and our members are committed to promoting consumer trust through the responsible, transparent, and lawful use of retail pricing technologies while preserving innovation, competition, and independent business decision-making. Consumer confidence in retail pricing is fundamental to maintaining trust in our nation’s food system. FMI welcomes the opportunity to share the perspectives of the grocery supply chain and insights about the value and services that our industry provides to grocery customers in every community across the country.

FMI shares the Commission’s goal of promoting transparent and understandable pricing and interest in preventing undisclosed uses of personal data to set individualized prices that mislead or injure consumers. However, the Proposed Statement’s operative language risks sweeping in established grocery pricing practices, customer loyalty programs, waste-reduction markdowns, and price-accuracy technology. Should the Commission move forward with issuing a final enforcement statement, FMI urges that revisions be made to provide clear and workable compliance standards for businesses across the grocery supply chain.