In relation to prohibiting price gouging with respect to goods, services and supplies during a declared public health emergency
Impact
The bill specifically addresses the pricing of goods necessary for the care and mitigation of health issues, including medical supplies, medications, and sanitation products. By establishing a definition for 'unconscionably excessive price,' which is set at more than 15% above pre-emergency pricing, the bill aims to create a framework for fair pricing in emergencies. This measure could help prevent opportunistic pricing behaviors among sellers and maintain accessibility to essential goods during public health crises.
Summary
House Bill 469 seeks to prohibit price gouging for goods, services, and supplies during a declared public health emergency in the Commonwealth of Massachusetts. The bill defines a public health emergency as a period when the Governor or President declares a state of emergency affecting the health and safety of citizens. This legislation aims to protect consumers from being exploited during critical times, ensuring that essential items remain affordable when they are most needed.
Contention
There may be notable contention surrounding how 'unconscionably excessive price' is interpreted and enforced, particularly in how it might impact retailers and suppliers who could face challenges in maintaining their profit margins due to unforeseen costs. The bill allows for defendants to argue that price increases are justifiable due to additional costs beyond their control. Furthermore, the enforcement mechanism involving potential civil penalties could raise concerns about the administrative burdens on legal systems and how effectively violations can be identified and prosecuted.