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HOUSE DOCKET, NO. 1372 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 396
The Commonwealth of Massachusetts
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PRESENTED BY:
Alyson M. Sullivan-Almeida
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act in relation to prohibiting price gouging with respect to goods, services and supplies
during a declared public health emergency.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth1/18/2023Michael J. Soter8th Worcester1/26/2023Angelo L. D'Emilia8th Plymouth1/31/2023Joseph D. McKenna18th Worcester1/31/2023David F. DeCoste5th Plymouth2/9/2023Rodney M. Elliott16th Middlesex2/14/2023Marcus S. Vaughn9th Norfolk2/14/2023 1 of 3
HOUSE DOCKET, NO. 1372 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 396
By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No.
396) of Alyson M. Sullivan-Almeida and others relative to prohibiting price gouging of goods,
services and supplies during a declared public health emergency. Consumer Protection and
Professional Licensure.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 464 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act in relation to prohibiting price gouging with respect to goods, services and supplies
during a declared public health emergency.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Price gouging; goods, services and supplies during a Public Health Emergency.
2 1. For the purposes of this section, the following terms shall have the following meaning:
3 (a) “Public Health Emergency” shall mean a period of time during which the Governor of
4the Commonwealth of Massachusetts or the President of the United States has declared a State of
5Emergency pursuant to their respective authorities related to the health and safety of the residents
6of the Commonwealth of Massachusetts or some portion thereof.
7 (b) goods, services and supplies shall mean those goods, services, products, and supplies
8used, bought or rendered primarily for the care, cure, mitigation, treatment, or prevention of 2 of 3
9illness or disease, such term shall include, but not be limited to: bandages, disinfectants, gauze,
10or dressings; hand sanitizer, antibiotic ointment, rubbing alcohol, hydrogen peroxide, saline
11solution; medical or surgical masks; medical or surgical gloves; tissues; over-the-counter
12medication; and any other goods or products identified in emergency regulations promulgated by
13the commission of the department of health during a public health emergency.
14 2. No service provider, manufacturer, supplier, wholesaler, distributor or retail seller of
15such goods, services and supplies shall sell or offer for sale any such consumer goods, services
16or supplies for an amount which represents an unconscionably excessive price during a Public
17Health Emergency.
18 3. (a) A price is not an “unconscionably excessive price” if it is fifteen percent or less
19above the price charged by the seller for such goods, services or supplies immediately prior to
20the Public Health Emergency. (b) A defendant may rebut a prima facie case based on an alleged
21violation of this section with evidence that additional costs not within the control of the
22defendant were imposed on the defendant for the goods, services or supplies that caused the price
23to exceed the fifteen percent increase.
24 4. Where a violation of this section is alleged to have occurred, the Attorney General or
25the District Attorney may apply in the name of the people of the Commonwealth of
26Massachusetts to the Superior Court of the Commonwealth of Massachusetts within the judicial
27district in which such violations are alleged to have occurred, on notice of five days, for an order
28enjoining the allege unlawful acts. In any such proceeding, the court shall impose a civil penalty
29in an amount not to exceed twenty-five thousand dollars for each violation plus forfeiture of the
30amounts related to any transaction found to be an “unconscionably excessive price”. 3 of 3
31 5. This Act shall take effect immediately.