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FTC Seeks Public Comment on Unfair and Deceptive Fee Practices in Online Food and Grocery Delivery Services

Online Food and Grocery Delivery PlatformsApril 14, 2026Federal Trade Commission

Summary

The FTC announced an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on a potential nationwide rule to address unfair or deceptive fee practices by online food and grocery delivery platforms. The ANPRM covers requirements for disclosing total prices, fees, variable charges, price differentials, and promotion terms. Past FTC enforcement actions against Instacart and Grubhub for deceptive fee practices are cited as evidence of ongoing issues in the industry.

Contract Impact

In-house legal teams at online food delivery platforms should review customer-facing terms of service, pricing agreements, and vendor contracts with restaurant partners. Key clauses to audit include pricing disclosures (ensuring total item and delivery prices are displayed upfront), fee schedules (disclosing all mandatory, variable, and contingent fees before checkout), promotion and discount terms (stating all material restrictions), and billing clauses (prohibiting unauthorized charges). Vendor agreements should also require restaurants to disclose any price differentials between in-store and delivery menu items, and customer agreements should disclose if personalized pricing is used.

Contract Search Terms

total price disclosurefee transparencyservice fee disclosureunauthorized billingpersonalized pricingvariable fee disclosurepromotion termsprice differential disclosure

Laws Cited

FTC Act

Violation Types

Entity Details

Entity

Online Food and Grocery Delivery Platforms

Industry

Food Delivery

Official Sources

Source Evidence

Title
"FTC Seeks Public Comment on Unfair and Deceptive Fee Practices in Online Food and Grocery Delivery Services"
Event Date
"April 14, 2026"
Jurisdiction
"Federal Trade Commission"
Entity Name
"online food and grocery delivery platforms"
Laws Cited
"Unfair or deceptive fee practices violate the FTC Act."
Summary
"FTC is seeking public comment on whether a rule is needed to address unfair or deceptive fee practices in connection with the services provided by online food and grocery delivery platforms nationwide."

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