FTC proposes new rules on fee transparency for online food and grocery delivery platforms

On April 16, 2026, the Federal Trade Commission (FTC) published an advance notice of proposed rulemaking (ANPRM) to address potential unfair or deceptive practices relating to fees charged by online food and grocery delivery platforms.

The ANPRM seeks public comments on the proposed rulemaking by May 18, 2026. It sets forth more than 60 questions for comment, with topics ranging from the market for online food delivery platforms and the state laws governing them to the fees and charges by restaurants and merchants operating their own online delivery services.

Specifically, by the contemplated rule, the FTC proposes addressing any misrepresentations or failures to disclose relating to:

• The total price for delivery of food or grocery items
  
  
• The “existence, nature, purpose, amount, refundability, or recipient” of any fees charged for delivery
  
  
• The factors that determine any fees charged for delivery, such as the “number or type of items purchased or delivery location”
  
  
• Whether fees charged for delivery are mandatory or optional
  
  
• Any increased prices for products or food purchased for delivery versus in the store or restaurant
  
  
• Any restrictions on discounts or promotions
  
  
• Charging consumers for products or services the consumer did not agree to purchase
  
  
• Charging consumers fees without consumers’ consent

The ANPRM follows a flurry of recent FTC enforcement actions and proposed rulemaking relating to fee transparency, including enforcement actions against Grubhub and others. Further, it signals that the FTC seeks to expand its regulation of fee transparency beyond its 2025 Rule on Unfair or Deceptive Fees requiring upfront pricing disclosures for businesses in the live-event tickets and short-term lodging sectors.[1]

Notably, the ultimate breadth of any proposed rulemaking remains unclear. While the ANPRM primarily focuses on operations and practices of third-party food and grocery delivery platforms, the FTC also seeks comments on delivery fees charged by all “food and grocery merchants,” including those that operate their own online delivery systems through proprietary apps or websites. While the FTC is at the early stages of rulemaking and looks to gain a full picture of the online food and grocery delivery business and governing state laws, there is potential that any final rule could encompass more than third-party delivery platforms.

Restaurants and grocery businesses – particularly those that operate their own delivery platforms, maintain relationships with third-party delivery services, or operate in states with existing fee transparency laws – should consider submitting comments by the May 18, 2026 deadline.

DLA Piper’s Pricing Solutions and Litigation team is closely monitoring this rulemaking and prepared to assist clients in evaluating its implications and developing a strategy for engaging in the comment process.

If you have any questions, or if you would like to discuss how the proposed FTC rule or any related state laws may affect your business, please contact the authors or your DLA Piper relationship partner.

^{[1] Additional information on the FTC’s rule targeting sellers of live-event tickets and short-term lodging can be found here: FTC passes rule prohibiting “junk fees” for live-event tickets and short-term lodging.}