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.
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