Page 10 - QT Edition #3 01-15-26
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PAGE 10 THE QUEENS TIMES THURSDAY, JANUARY 15, 2026
State Warns Consumers After Med Spa Investigations AG James Demands Answers From
Reveal Serious Violations Instacart About Algorithmic Pricing
New York State officials are providers pose serious risks. • Cool Sculpting Recent Study Revealed Instacart’s translate to $1,200 per year in
urging consumers to use ex- “Unlicensed or unqualified staff, • Laser procedures (except hair Price Experiments Led to Shop- additional costs for a typical fam-
treme caution when seeking cos- dirty needles, expired or counter- removal) pers Being Charged Significantly ily of four. Following the study’s
metic medical procedures after feit drugs, and unsanitary condi- • Dermal peels Different Prices for the Same publication, Instacart announced
a statewide sweep of businesses tions can lead to serious injury or • IV therapy Products that it was ending all “item price
advertising “med spa” services even death,” he said. • Hormone replacement therapy Instacart Must Disclose Algorith- tests” but suggested that its part-
uncovered widespread unlicensed Examples of Harmful Out- • GLP 1 weight loss injections mic Pricing Under New York Law ners, including grocery stores and
activity, unsafe practices, and comes (e.g., Ozempic) food brands, could continue to test
the use of expired or counterfeit While not part of the current Any business offering these New York Attorney General different types of promotions and
medical products. investigation, the state high- services must operate as a li- Letitia James has sent a letter to discounts for its customers on the
The New York Department lighted past cases illustrating the censed medical facility or physi- online grocery shopping plat- platform.
of State (DOS) announced that dangers of unlicensed cosmetic cian practice with a medical di- form Instacart demanding more New York’s Algorithmic Pric-
223 businesses across the state procedures: rector who is a licensed physician information about its use of algo- ing Disclosure Act took effect on
have been inspected so far, with • Flushing, Queens: A cosme- or nurse practitioner. rithmic pricing and price-setting November 10, 2025, and requires
87 cited for potential violations, tologist injected a client with Red Flags for Consumers experiments after a recent report most companies that use algo-
including the unlawful practice unknown substances more than State agencies recommend revealed Instacart users were be- rithmic pricing, also known as
of medicine. Several cases have 120 times, causing blistering, checking: ing charged significantly different surveillance pricing, to disclose
already resulted in fines, license swelling, fever, and lasting scar- • Whether the business lists a prices for the same products. In that they use customers’ personal
suspensions, or full revocations, ring. Her license was revoked. medical director December, Groundwork Collab- data to set individualized prices.
while many others await hearings. • Warwick, NY: An esthetician • Whether the provider holds the orative and Consumer Reports Businesses must include a clear
Investigators Find Counterfeit operating an unlicensed salon proper professional license released a detailed study showing disclosure prominently displayed
Drugs, Dirty Needles, and Unli- allegedly caused a client to de- • Whether the business is orga- Instacart was varying prices for near prices stating, “THIS PRICE
censed Providers velop MRSA, sepsis, and required nized as a PC or PLLC the same product, with some shop- WAS SET BY AN ALGORITHM
The first phase of the inves- hospitalization. Her license was • Whether the provider has pers seeing prices that were up to USING YOUR PERSONAL
tigation began in New York City suspended and later revoked. disciplinary history 23 percent higher for the exact DATA.” In the letter, Attorney
and expanded statewide. DOS’s Officials Stress the Need for • Whether the business uses same products in the same store at General James warns Instacart
Division of Licensing partnered Proper Medical Oversight the word “spa” despite offering the same time. New York’s recent that its disclosures – which are
with the State Department of State Health Commissioner medical procedures Algorithmic Pricing Disclosure buried on a page only accessible
Health, State Education Depart- Dr. James McDonald emphasized Consumers are also urged to Act requires companies to clearly by clicking on fine print text and
ment, and New York City Office that only trained medical profes- read reviews, ask about practi- and conspicuously state when they are not clearly displayed near
of Oversight and Investigations. sionals should perform cosmetic tioner experience, and insist on a are using consumers’ personal product prices – may not be com-
Inspectors reported finding: medical procedures. “Licensed medical consultation before any data to affect prices. Attorney plying with the law.
• Expired and suspected coun- health care professionals undergo procedure. General James warns Instacart Attorney General James is
terfeit Botox and fillers rigorous training to understand How to File Complaints that it may be violating the law, demanding detailed information
• Controlled substances includ- the complexities of human physi- Depending on the provider, and requests detailed informa- from Instacart about its price-
ing Fentanyl, Xylocaine, and ology,” he said. complaints may be filed with: tion on the pricing experiments setting tactics, including:
Propofol State Education Commis- • Department of Health — phy- highlighted in the recent report • Its agreements with its retail
• Used and unopened needles sioner Betty A. Rosa added that sicians or physician assistants and Instacart’s efforts to comply and food brand partners concern-
stored together unqualified providers “pose real • State Education Department with the Algorithmic Pricing Dis- ing price setting, discounts, and
• Medical devices for liposuc- and serious risks to consumers.” — unlicensed medical practice closure Act. automated tools to run price ex-
tion, laser procedures, cryother- What Consumers Should Know • Department of State — estheti- “Charging different prices for periments on shoppers.
apy, and IV infusions Many procedures commonly cians or cosmetologists perform- the exact same products leaves • The automated tools used by
• Individuals performing injec- offered at med spas require a ing medical procedures shoppers feeling cheated and Instacart and its partners to adjust
tions and other medical proce- medical license, including: In cases involving injury or threatens to raise costs at a time prices and discounts, including
dures without proper licenses • Botox and filler injections illegal activity, consumers may when consumers are already how consumer data may be used
Secretary of State Walter T. • Cryotherapy also contact local law enforce- paying too much at the grocery for these price changes.
Mosley warned that unqualified • Microneedling ment. store,” said Attorney General • Instacart’s price experiments,
James. “New Yorkers deserve fair including the ones revealed by the
DEC Reminds New Yorkers to Stay Alert For Highly prices and clear disclosures about Groundwork Collaborative and
Pathogenic Avian Influenza how companies are using their Consumer Reports study.
personal information. Instacart’s • Instacart and its partners’ use
Highly Pathogenic Avian Influ- nell Wildlife Health Lab website. Conservation are working to- pricing experiments raise serious of algorithmic pricing and their
enza in Wild Birds Expected to DEC advises the public to avoid gether to ensure an aggressive, concerns about its use of algorith- efforts to comply with New York’s
Increase Over Winter Months any contact with sick or dead coordinated, and proactive ap- mic pricing, and I will not hesitate disclosure requirements.
birds and mammals that may be proach in response to outbreaks to take action to enforce our laws Attorney General James has
Highly Pathogenic Avian infected with HPAI. of HPAI across the nation. Our and protect consumers.” consistently taken action to pro-
Influenza (HPAI) continues to There is no way to contain department’s proactive efforts The study by Groundwork Col- tect consumers from being taken
infect birds and mammals across HPAI infection in wild birds. Be to prevent the spread of HPAI, laborative and Consumer Reports advantage of at the grocery store.
the U.S. and Canada, including aware that the clinical signs for including implementing testing assigned 437 shoppers across four In November 2025, Attorney Gen-
New York State. With wild bird HPAI infection in wildlife are and import requirements for dairy cities to add items to their Insta- eral James released a consumer
mortalities from HPAI increas- nonspecific and may be similar cattle, remain in place. In addi- cart shopping carts and measure alert warning New Yorkers about
ing in late fall and peaking over to other diseases or injuries. Wa- tion, as we are in the midst of the the prices displayed. Nearly three- algorithmic pricing and encourag-
the winter months, the New York terfowl, waterbirds, raptors, and migratory season, we encourage quarters of the grocery items in ing businesses to follow the law to
State Department of Environmen- scavenging birds are at higher risk vigilance and remind our farmers the experiment were offered to disclose their use of algorithmic
tal Conservation (DEC) reminds of infection, but any species could to take precautionary measures shoppers at multiple prices on pricing. Attorney General James
New Yorkers to stay alert. potentially be infected, including with strong biosecurity practices Instacart, with a 13 percent aver- has also taken action to stop
“Under Governor Hochul’s mammals. HPAI-infected birds on the farm.” age difference between the high- price gouging of essential goods,
leadership, DEC is taking a pro- may be asymptomatic or may ex- DEC staff response to a sus- est and lowest prices for a single including eggs, baby formula,
active approach with our coordi- hibit signs of respiratory distress pected HPAI mortality event good. The experiment revealed and disinfectants used to stop the
nated effort to monitor potential (sneezing or nasal discharge), depends on the specific event. that these price differences could spread of COVID-19.
signs of Highly Pathogenic Avian lethargy, neurologic malfunction Because the disease is widespread
Influenza in wild birds,” said DEC (ataxia, stargazing, or seizures), in wild birds and cannot be con- Governor Hochul Directs Flags To Half
Commissioner Amanda Lefton. diarrhea, weakness, or sudden tained, strategic surveillance is Staff In Honor Of Retired Sergeant
“We have a great web-based tool death. the best approach. DEC prioritizes
for the public to use to report any State Health Commissioner response to significant mortality Michael L. Piro
signs the viral disease is spread- Dr. James McDonald said, “While events for waterfowl, shorebirds,
ing to different areas of the state.” avian influenza continues to af- gulls, crows, ravens, or any eagles Governor Kathy Hochul had nity in honoring his life and service,
HPAI is carried by free-flying fect wildlife, the risk to humans or other raptors in counties where directed that flags on all state and send my deepest condolences
waterfowl and other waterbirds, remain low. New Yorkers can stay HPAI has not been detected. With government buildings be flown at to those whose lives he touched.”
such as ducks, geese, and shore- safe by avoiding contact with sick the exception of larger events, half-staff in honor of retired New On January 6, Sergeant Piro
birds, but can also infect do- or dead birds and animals and re- sensitive locations, or vulnerable York State Police Sergeant Michael passed away from an illness stem-
mestic poultry, raptors, corvids, porting anything unusual. We’re species, a physical response by L. Piro. ming from his assignment in and
and mammals. DEC’s Wildlife keeping a close eye on the situ- staff is not necessary or likely in “A distinguished member of the around the World Trade Center
Health Program is monitoring ation and will continue to share most cases. New York State Police, Sergeant site following the 9/11 terrorist at-
the spread and impact of HPAI updates as needed.” Where DEC staff do not Piro, stepped up to serve and protect tack. He had retired after 30 years
throughout the state and has an State Agriculture Commis- provide a physical response and his fellow New Yorkers when it was of dedicated service with the New
online reporting tool the public sioner Richard A. Ball said, “The removal is deemed necessary by needed most,” Governor Hochul York State Police on March 26,
can use to report suspected HPAI New York State Department of the landowner, DEC advises land- said. “I am profoundly grateful for 2015.
mortalities: NYSDEC Avian In- Agriculture and Markets, the owners to use disposable gloves, Sergeant Piro and his dedication to Sergeant Piro is survived by his
fluenza Reporting Form. Updates Department of Health, and the keeping New York safe, and I join four children, and preceded in death
on HPAI can be found on the Cor- Department of Environmental (Continued on page 11) his family, colleagues, and commu- by his wife, Cynthia.

