Rulemaking on laws governing price gouging in New York
Attorney General James has proposed new regulations enforcing New York State’s price-gouging law, section 396-r of the General Business Law. This is the second round of proposed rules that have been proposed to enforce the price-gouging law.
Timeline of the proposed rules on New York’s price-gouging law
March 4, 2022
Attorney General James issued an advance notice of proposed rulemaking (ANPRM) seeking community input on potential rules to strengthen and enforce the price-gouging law.
April 22, 2022
Attorney General James received comments on the ANPRM from advocacy groups, consumers, industry representatives, and academics.
March 2, 2023
After considering the public comments, Attorney General James published seven notices of proposed rulemaking (NPRMs) in the State Register.
May 1, 2023
Attorney General James received comments on the March 2023 NPRMs from advocacy groups, consumers, industry representatives, and academics.
February 12, 2025
After considering the comments made on the March 2023 NPRMs, Attorney General James published new NPRMs in the State Register.
Full copies of the February 2025 NPRMs are as follows:
- Read Proposed Rules 600.1, 600.2, and 600.10: Definitions and severability
- Read Proposed Rule 600.3: Unfair leverage examples
- Read Proposed Rule 600.4: Unfair leverage of market position
- Read Proposed Rule 600.5: Pre-disruption price determination
- Read Proposed Rule 600.6: Gross disparity threshold
- Read Proposed Rule 600.7: New essential products
- Read Proposed Rule 600.8: Cost definition and allocation methods
- Read Proposed Rule 600.9: Geographic scope
In addition to the proposed rules, Attorney General James’s staff published a report that includes empirical evidence used to support certain proposed rules.
Read OAG staff report on price gouging economics and price volatility
Submit your comments
If you wish to comment on the new NPRMs, you may submit them by either of the following ways:
- Email: stopillegalprofiteering@ag.ny.gov (preferred)
- Mail: Price-Gouging Rulemaking, Consumer Frauds and Protection Bureau, Office of the New York Attorney General, 28 Liberty Street, New York NY 10005
To be considered, your comments must be received or postmarked on or before April 14, 2025.