Why Instacart Supports Maryland's New Pricing Law — and the Road Ahead

There’s been growing momentum this legislative session in Annapolis, and in statehouses across the country, around efforts to address concerns about personalized and surveillance pricing. With Governor Moore signing the Protection from Predatory Pricing Act last week, Maryland becomes the first state in the country to expressly ban charging consumers a higher price for food based on an individual’s personal data.

Instacart may not be the first company you would expect to support new rules and regulations on the grocery industry. It may surprise some to learn that our company was in Annapolis to support the Governor as he signed the legislation into law.

But the reason is straightforward: We’ve never engaged in surveillance pricing, we’ve never allowed retail partners to use customers’ personal data to set item prices, and we don’t believe any platform should.

That’s not just a policy position. It’s grounded in how we think about trust. Instacart’s mission is to create a world where everyone has access to the food they love and more time to enjoy it together. We operate at the intersection of consumers and their favorite local grocers, and that relationship depends on confidence that the price you’re paying for, say, eggs and milk isn’t being determined by your salary or your shopping history. More broadly, we’re deeply committed to ensuring online grocery is affordable and accessible for all — not a luxury for the few.

That’s why, as this legislation took shape, we were proud to engage with the Governor, the General Assembly, and consumer advocates to bring the perspective of our millions of customers and thousands of retail partners to the table. We appreciate the openness of the Governor’s office and legislative leaders to that dialogue.

The result is a law that reflects meaningful progress in addressing a complex issue, and the core principles behind the legislation are strong: protecting consumers from being charged higher prices based, for example, on who they are or how much money they make. This bill accomplishes that while still preserving tools that support affordability, like targeted discounts and promotional offers.

Of course, no law in a rapidly evolving area like this is going to be perfect. As Maryland implements this law, and as other states continue to debate this important issue, we’ll keep pushing for further clarity to ensure common, pro-consumer practices like discounts and promotions continue to be protected — the same everyday savings tools that local grocers across the country have offered shoppers for decades.

On the core goal, though — banning surveillance pricing — Governor Moore and the General Assembly got it right, and they deserve credit for their leadership on this emerging issue. They brought many stakeholders to the table and took all perspectives into account, while still moving quickly and intentionally. This is what thoughtful policymaking in a fast-moving new area should look like. The result is a strong blueprint for other states.  

Maryland has a strong track record of leadership on food and consumer policy, from expanding online SNAP access to advancing innovative local food programs like our MC Groceries partnership in Montgomery County, which helps close the SNAP gap for eligible families across the county. This legislation adds to that legacy by beginning to draw clearer lines around emerging pricing practices in the digital marketplace.

Other states are watching closely. Maryland’s approach — developed through thoughtful engagement with a wide range of stakeholders, including industry voices — provides a roadmap for how to approach and navigate these questions. We look forward to continuing to work with leaders in Maryland and across the country to ensure that efforts in this space protect consumers while preserving the tools that help make food more accessible and affordable for every family.