Price Gouging In COVID Test Kit Sales Across NJ, Attorney General Says

NEW JERSEY — The omicron variant surge has resulted in many New Jersey residents opting for home test kits. But the prices are skyrocketing for some of the cheapest and popular home test kits.

Acting Attorney General Andrew J. Bruck said the Division of Consumer Affairs has sent more than 50 warning letters to businesses that have increased prices of the testing kits.

The warning letters were sent to pharmacies, supermarkets, and convenience stores across the state. It warns retailers that New Jersey’s Consumer Fraud Act protects consumers from gross and unreasonable inflation of prices of any product sought to or protect them from a public health crisis, such as the COVID-19 pandemic. The letters are based on complaints from consumers and are not a conclusion that any retailer has violated the law, Bruck’s office said.

“The Murphy Administration continues to take additional actions to ensure that COVID-19 tests are available and affordable for all New Jersey residents,” Bruck said earlier this week. “...We are informing retailers if consumers are complaining about their prices and making sure they understand that we will not hesitate to take action if their sales practices violate our laws.”

Due to the recent surge in COVID-19 cases, the administration has taken many measures to ensure testing is available to everyone in New Jersey including a partnership with Vault Medical Services to offer at-home COVID-19 saliva testing at no cost; and ensuring free public testing locations are open across the state.

Bruck has asked New Jersey residents to remain vigilant against price gouging during this time. Consumers should be on the lookout for scams connected to COVID-19 tests sales. Nationwide, individuals and entities are taking advantage of the pandemic to market fraudulent tests that have not been authorized by the FDA and may not provide accurate results, Bruck said.

Here are some tips consumers can follow:

• Research: Purchases and share personal information with people and companies you know and trust.
• Verify claims: Check the FDA’s website for a list of authorized antigen diagnostic as well as a list of authorized molecular diagnostic tests. Avoid buying tests that have not received authorization and may not yield accurate results.
• Find a nearby test site: New Jersey’s COVID-19 hub has a list of free public testing sites. Find a Federally Qualified Health Center near you. Visit covid19.nj.gov/testing for additional information on COVID-19 testing locations in New Jersey.
• Take advantage of free testing options: New Jersey offers free, at-home COVID-19 PCR tests to every New Jerseyan Get yours by visiting vaulthealth.com/nj.
• Understand your options: As of Jan. 15, insurance companies will be required to cover the costs of a certain number of at home COVID-19 tests for each covered individual under a health plan. For more details, click here.

Those who believe they have been targeted by a scheme related to COVID-19, or who believe that businesses have unfairly increased their prices, are encouraged to file a complaint online and report specific details.

Photographs of items being sold, receipts, and pricing can now be uploaded to the complaint form. Consumers can also call 1-800-242-5846 to receive a complaint form by mail.

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