The Federal Trade Commission on April 14, 2026, launched a formal inquiry into whether new federal rules are needed to stop hidden and misleading fees on online food and grocery delivery platforms. The agency published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register on April 16, opening a 30-day public comment window that closes May 18, 2026.
An ANPRM is the earliest step in the federal rulemaking process. It means no specific regulations have been drafted yet. Instead, the FTC is asking the public, including business owners, to weigh in on whether a rule is needed and what it should cover.
The notice asks questions across several areas that matter to any business selling food or groceries through delivery apps or its own online ordering. These include whether platforms clearly show the total price of an order before checkout, whether fees like service charges and delivery costs are properly explained, and whether tips actually reach delivery workers.
The FTC is also looking into dynamic pricing, meaning fees that change based on time of day, delivery distance, or driver availability, and whether platforms charge different prices to different users based on their location, browsing history, or device.
This effort follows a string of enforcement actions against major platforms. In December 2025, the FTC reached a $60 million settlement with Instacart over false “free delivery” claims that still included hidden service fees. A $25 million settlement with GrubHub came in December 2024 for misleading delivery cost disclosures. And in February 2026, Walmart agreed to pay $100 million to resolve allegations it deceived delivery drivers about pay.
For small restaurants, grocery stores, and food businesses that sell through platforms like DoorDash, Uber Eats, or Instacart, a future rule could change how fees are displayed to customers and potentially require clearer breakdowns of who receives each charge. It could also affect businesses that run their own delivery through a website or app.
Right now, fee disclosure rules vary by state, creating a patchwork that the FTC says leaves gaps. A national rule would set one standard and give the agency the power to impose civil penalties on violators.
Small business owners can submit comments through regulations.gov using project number P267101 before the May 18 deadline. After reviewing responses, the FTC will decide whether to move forward with drafting an actual proposed rule.
