Instacart uses algorithmic pricing

Instacart is an American company which hosts a grocery delivery and pick-up service. Instacart has 7.7 million active users and reported 263 million orders and $2.2b gross profit in FY 2023. In 2022, Instacart purchased Eversight, an AI pricing startup.

On December 9, 2025, Consumer Reports and Groundwork Collaborative released an investigative piece on the use of algorithmic pricing on Instacart's platform. They discovered that customers ordering the same items from the same store location were being offered different prices, with the total order cost varying as much as 8.4%. It is suspected that these pricing disparities are a result of the Eversight AI pricing platform conducting price experiments on customers.

As of December 22, 2025, Instacart has announced that their service no longer supports algorithmic pricing.

Background

Instacart was founded in 2012, and launched its food delivery services in the San Francisco Bay Area. Over the next decade, Instacart expanded into new markets across the United States and Canada by acquiring several startups and hosting platforms for grocers to use. In 2017, the Instacart Ads platform was released, allowing vendors to run marketing campaigns on the Instacart platform, instantly update their product images and descriptions, and conduct A/B testing to determine what marketing material is most effective. In 2018, Instacart acquired Unata for a reported $65 million. Unata is a white-label grocery tech platform that provides grocers with an easy way to create and maintain their apps and websites. In 2021, Caper AI was acquired for $350 million. Caper AI develops smart carts and smart counters which use cameras and weight sensors to detect what items are being purchased in a grocery store. Intended to be used by in-store customers and Instacart shoppers, these technologies are already being trialed in several stores around the world.

Following their previous developments in marketing and data, in 2022 Instacart purchased Eversight for $59 million. Eversight is an AI platform used to test new prices and promotions continuously to improve sales. Instead of making pricing decisions by analyzing historical sales data, Eversight runs experiments on real customers to see how a change in price affects the amount of purchases made. Eversight recommends price changes on items and can automatically implement price changes.

Algorithmic pricing investigation

In September 2025, Consumer Reports worked with 437 volunteers to conduct five tests across the country to detect algorithmic pricing. In each test, the volunteers added a fixed basket of items to their cart from the same store on the Instacart app. Four of the tests were conducted through video meetings, and one final test was done in-person. By controlling for usual factors of price variation like store location and date and time, Consumer Reports found that:

• Three-quarters of products were offered at different prices to different customers.
• Products were offered at one to five different prices.
• Products on sale for the same price were marketed with varying pre-sale prices.
• Customers were grouped into cohorts which received price increases across all the items in their cart instead of on a per-item level.
• Across the five tests, the average difference between the minimum and maximum total price was 7%, with the highest difference being 8.4%.

Consumer Reports did not uncover evidence of pricing being correlated with personal demographics, but it is suspected that it may be done in the future. Instacart has purchased data from data brokers Acxiom and Epsilon, and patents held by Instacart and Eversight explicitly mention using personal, behavioral, and demographic data to place customers into "subpopulations" and determine what promotions and discounts are offered to users.

Instacart's response

Instacart stated that ten of its retail partners are using Eversight pricing tools, but did not disclose which companies are partnered. Consumer Reports found that products from Target, who claim no business relation with Instacart, are being algorithmically priced. After an inquiry from Consumer Reports, Instacart stated it had stopped price experimentation at Target and Costco.

Instacart denies that Eversight uses any personal or demographic data, and that customers are randomly assigned to cohorts for price experimentation. In response to claims that their patents mention the use of personal and demographic data, Instacart stated that their patents use "'all-encompassing language' in order to 'protect innovation and preserve optionality.'"

As of December 22, 2025, Instacart has announced that their service no longer supports algorithmic pricing. Instacart denies that their algorithmic pricing experiments qualify the use of terms like "dynamic pricing" or "surveillance pricing", and claims that no personal data was used to decide who received which prices.

Legal action and litigation

In the first seven months of 2025, 51 bills have been introduced across 24 states regarding "algorithmic price fixing", "surveillance pricing", and "dynamic pricing".

On November 10, the New York’s Algorithmic Pricing Disclosure Act went into effect in New York state. This law requires businesses to recreate the text “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” next to prices that have been set using customer's personal data.

On December 11, Angie Craig, a member of the House Committee on Agriculture, has demanded: a list of all Instacart pricing experiments, the data used to sort customers into pricing buckets, what internal review was conducted before running pricing tests, and the total number of American customers that were affected and the estimated total overcharge.

On December 12, the Senate Minority Leader Chuck Schumer authored a request to FTC Chairman Andrew Ferguson to investigate several key aspects of algorithmic pricing and its effects and return a written briefing within 30 days. He specifically mentioned the Consumer Reports investigation of Instacart's algorithmic pricing and requested a judgement on whether Instacart altering the "original" price on products constitutes deception.

On December 17, Reuters reported that the FTC has issued a civil investigative demand to Instacart regarding Eversight, which may lead to a formal lawsuit. Shares in Instacart (CART.O) dropped 10% in after-hours trading following the announcement.