The FTC announced an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on a potential nationwide rule to address unfair or deceptive fee practices by online food and grocery delivery platforms. The ANPRM covers requirements for disclosing total prices, fees, variable charges, price differentials, and promotion terms. Past FTC enforcement actions against Instacart and Grubhub for deceptive fee practices are cited as evidence of ongoing issues in the industry.
In-house legal teams at online food delivery platforms should review customer-facing terms of service, pricing agreements, and vendor contracts with restaurant partners. Key clauses to audit include pricing disclosures (ensuring total item and delivery prices are displayed upfront), fee schedules (disclosing all mandatory, variable, and contingent fees before checkout), promotion and discount terms (stating all material restrictions), and billing clauses (prohibiting unauthorized charges). Vendor agreements should also require restaurants to disclose any price differentials between in-store and delivery menu items, and customer agreements should disclose if personalized pricing is used.
Entity
Online Food and Grocery Delivery Platforms
Industry
Food Delivery"FTC Seeks Public Comment on Unfair and Deceptive Fee Practices in Online Food and Grocery Delivery Services"
"April 14, 2026"
"Federal Trade Commission"
"online food and grocery delivery platforms"
"Unfair or deceptive fee practices violate the FTC Act."
"FTC is seeking public comment on whether a rule is needed to address unfair or deceptive fee practices in connection with the services provided by online food and grocery delivery platforms nationwide."
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