In relation to prohibiting price gouging with respect to goods, services and supplies during a declared public health emergency
The bill establishes that it is unlawful for retailers, suppliers, and distributors to sell or offer goods and services at prices deemed 'unconscionably excessive'. Specifically, this bill permits pricing that is no more than 15% above what was charged before the emergency was declared. By doing so, it ensures that essential goods remain accessible to all residents, thus potentially mitigating the economic burden experienced during public health crises.
House Bill 396 proposes to prohibit price gouging of essential goods, services, and supplies during a declared public health emergency in Massachusetts. The bill defines a 'Public Health Emergency' as a time when the Governor or the President has declared a state of emergency linked to health and safety. It aims to protect consumers from unfair pricing practices during critical times, focusing on items that are vital for health care, such as medical supplies and over-the-counter medications.
One notable point of contention surrounding HB 396 lies in the definition of 'unconscionably excessive price'. There are concerns about the operational implications for businesses, especially regarding their ability to maintain inventory and manage costs. Furthermore, there may be legal debates regarding the enforcement of the bill, particularly how the Attorney General or District Attorney would act upon violations and the types of penalties imposed—up to $25,000 for each violation.