The Federal Trade Commission (FTC) has announced its intention to gather public comments regarding unfair or deceptive fee practices associated with online food and grocery delivery platforms. This initiative is part of an Advance Notice of Proposed Rulemaking (ANPRM) aimed at determining the necessity of a rule to protect consumers and ensure fair competition.

Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection, emphasized the importance of clear and truthful pricing in competitive markets. He noted that unclear fees distort competition and harm consumers, as they prevent informed purchasing decisions. The FTC's enforcement history indicates that consumers frequently encounter hidden fees that complicate price comparisons.

The FTC has previously taken action against companies like Instacart and GrubHub for misleading fee practices. In December 2025, Instacart settled for $60 million over allegations of falsely advertising “free delivery,” while GrubHub faced a $25 million settlement for misleading delivery costs. These cases highlight the ongoing issue of hidden fees in the online delivery sector.

The ANPRM seeks public input on various aspects of fee transparency, including whether delivery platforms clearly disclose total prices, the nature of fees, and any variable or contingent charges. It also addresses whether platforms provide clear information on price differentials and unauthorized billing practices.

By exploring the need for a nationwide rule, the FTC aims to enhance consumer protections and deter unfair practices, allowing for civil penalties against violators and easier redress for affected consumers. Following the publication of the ANPRM in the Federal Register, consumers will have 30 days to submit their comments.