New York's price gouging statute, section 396-r of the New York General Business Law, prohibits unconscionably excessive pricing of necessary consumer goods and services during any abnormal disruption of the market. During this COVID-19 outbreak, this applies to necessary consumer goods such as hand sanitizers and other disinfecting products, toilet paper and basic food items. 

Examples include:

• Cleaning products
• Diagnostic products and services
• Disinfectants (wipes, liquids, sprays)
• Gloves
• Hand sanitizer
• Medicines
• Paper towels
• Rubbing alcohol
• Soap
• Tissues

It is illegal to increase prices of these types of goods and services by 10% or more.

The New York State Attorney General’s price gouging complaint form advises: Certain products and services may not be covered by New York State's price gouging law. Because the Centers for Disease Control (CDC) and the Surgeon General do not recommend face masks as necessary for the general public, we do not believe that the state price gouging law currently applies to the sale of face masks to consumers.

If you are unsure if the item in question would qualify as a “necessary consumer goods” reach out to the Buffalo New York Regional Attorney General’s Office, (716)853-8404, or via email, consumerfrauds.buffalo@ag.ny.gov.

Our office is here to help as well call or email (716)858-6169, consumerprotection@erie.gov for further assistance.