Provides with respect to consumer protection regarding the pricing of groceries (OR INCREASE GF EX See Note)

House Bill 800 creates Chapter 70 of Title 51 of the Louisiana Revised Statutes, establishing the Make Affordable Groceries Again Act, a comprehensive regulatory framework governing pricing practices in the grocery supply chain. The statute requires covered suppliers—manufacturers selling over six billion dollars annually in covered goods—to extend identical terms of sale on a per-unit basis to all covered retailers and wholesalers purchasing the same volume units within reasonably contemporaneous timeframes. Additionally, covered suppliers must provide anonymized contract terms from dominant retailers within fourteen days of written request, disclose the pricing terms offered to major competitors so smaller retailers can verify fair treatment. The statute further prohibits covered suppliers from refusing to sell covered goods to non-dominant retailers that have maintained payment history and requested equal terms without commercially reasonable justification, and it prohibits dominant retailers—those with annual covered goods sales exceeding eighteen billion dollars operating in more than twenty states—from coercing suppliers to violate these provisions.

The practical effect of this legislation falls primarily on large food manufacturers and major retail chains operating in Louisiana. Smaller independent grocers, regional chains, and wholesalers gain protection against discriminatory pricing practices that may have previously allowed dominant retailers to negotiate substantially better terms due to their purchasing volume. Conversely, major national retailers lose significant leverage in supplier negotiations and may face restrictions on their ability to leverage scale advantages for favorable pricing. Suppliers themselves face compliance obligations including maintaining detailed records of all contract terms, responding to information requests within strict timeframes, and potentially defending pricing differences through evidence of cost efficiencies. The statute creates private enforcement rights allowing injured retailers, wholesalers, or suppliers to pursue civil remedies including injunctions and damages up to one and one-half times actual damages or the pricing differential suffered.

This legislation operates within Louisiana's broader consumer protection framework under Title 51 of the Revised Statutes while expressly preserving federal antitrust law including the Clayton Act and Federal Trade Commission Act. The statute includes a specific savings clause confirming that nothing in the chapter limits or supersedes existing antitrust protections, suggesting legislative intent to create parallel state-level enforcement mechanisms rather than conflict with federal competition law. Notably, the statute provides a limited immunity provision for covered suppliers that can demonstrate a dominant retailer imposed unlawful requirements on them while they made good faith disclosure efforts to the attorney general, creating an outlet for suppliers facing coercive conduct. The definition of covered goods incorporates reference to federal food stamp program definitions under 7 CFR 271.2, tying state consumer protection requirements to federal food assistance standards, while excluding gasoline, prescription drugs, tobacco, and alcoholic beverages from coverage.