Updated and Expanded Price Gouging Protections

District Attorney Nancy O’Malley asks Alameda County residents to be on the lookout and report COVID-19 related price gouging under the broader protections ordered by Governor Newsom on Friday, April 3, 2020. Under the Executive Order, it is illegal for a person or business to charge more than 10% above the asking price regularly charged on or before February 4, 2020. The following products are included in the order:

  • Food items
  • Consumer goods
  • Medical or emergency supplies

A person or business may charge more than 10% higher of the previous price if there has been an increase in cost from a supplier.

A person or business that is selling a new product cannot charge an unconscionably excessive price – defined as 50% more than what was paid to the supplier or 50% more than the cost of producing and selling the item.

These protections are in place from April 4, 2020, until September 4, 2020.

“These broader protections will enable help prosecutors throughout the state to safeguard the public during these uncertain times. Attorneys and Inspectors in the Alameda County DA’s office are actively following up on leads to investigate and eliminate price gouging at local supermarkets, pharmacies, and other businesses. The Governor’s order allows us to continue to protect consumers and ensure a level playing field for businesses who are supporting the community at large,” said District Attorney O’Malley.

Posted on Apr 6, 2020