Rulemaking on laws governing price gouging in New York
In 2020, the Legislature granted the Attorney General the power to publish regulations necessary to establish and enforce New York state’s price gouging law, section 396-r of the General Business Law.
Final rules adopted by the Attorney General in January 2026:
- Final Rule 600.1, 600.2, and 600.10: Definitions, roadmap, and severability
- Final Rule 600.4: Unfair leverage examples
- Final Rule 600.5: Unfair leverage of market position
- Final Rule 600.6: Gross disparity threshold of 10%
- Final Rule 600.8: New essential products
- Final Rule 600.9: Costs definition and allocation methods
Alongside these final rules, the Attorney General published an assessment of the public comments as required by law and a revised report from OAG staff that includes empirical evidence used to support certain proposed rules.
Notice of proposed rulemaking (NPRM)
In addition to the rules finalized on January 28, 2026, the Attorney General published an NPRM for a new rule regarding weather-related triggers for the price gouging statute. The NPRM gave the public an opportunity to review and submit comments on the proposed rules. The comment period closed on March 30, 2026.
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.
Read the ANPRM requesting public comment
April 22, 2022: Attorney General James received comments on the ANPRM from advocacy groups, consumers, industry representatives, and academics.
Read the comments on the ANPRM
March 2, 2023: After considering the public comments, Attorney General James published seven notices of proposed rulemaking (NPRMs) in the State Register.
Read the March 2023 NPRMs
May 1, 2023: Attorney General James received comments on the March 2023 NPRMs from advocacy groups, consumers, industry representatives, and academics.
Read the comments on the March 2023 NPRMs
February 12, 2025: After considering the comments made on the March 2023 NPRMs, Attorney General James published new NPRMs in the State Register.
Read the summary of NPRMs in the State Register
Read full copies of the February 2025 NPRMs:
- 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
April 14, 2025: Attorney General James received comments on the February 2025 NPRMs from advocacy groups, consumers, industry representatives, and academics. Read the comments on the February 2025 NPRMs
January 28, 2026: After considering the comments on the February 2025 NPRMs, Attorney General James finalized six of the proposed rules with non-substantive modifications, withdrew two proposals (proposed rules 600.9 on geographic scope and 600.5 on pre-disruption price methods), and issued one new proposed rule on weather-related disruptions. The Attorney General also announced that a new rulemaking proposal regarding pre-disruption price determination will be published for public comment shortly.
Read the summary of the Attorney General's actions in the State Register