Kamala Harris’s proposed price-gouging ban might irritate academics, but it makes sense to everyone else.
By Zephyr Teachout, Portside
Last week, the economics commentariat and much of the mainstream media erupted with contempt toward Kamala Harris’s proposed federal price-gouging law. Op-eds, social-media posts, and straight news reports mocked Harris for economically illiterate pandering and warned of Soviet-style “price controls” that would lead to shortages and runaway inflation.
The strange thing about these complaints is that what Harris actually proposed was neither radical nor new—and it certainly wasn’t price controls. In fact, almost every state already has a law restricting at least some forms of price gouging. Although Harris has not specified the exact design of her proposal, one hopes that it would follow the basic outline of state-level bans: forbidding unwarranted price hikes for necessary goods during emergencies.

Price gouging in the popular imagination has a “know it when you see it” quality, but it is actually a well-developed body of law. A typical price-gouging claim has four elements. First, a triggering event, sometimes called an “abnormal market disruption,” such as a natural disaster or power outage, must have occurred. Second, in most states, the claim must concern essential goods and services. (No one cares if you overcharge for Louis Vuitton handbags during a hurricane.) Third, a price increase must be “excessive” or “unconscionable,” which most states define as exceeding a certain percentage, typically 10 to 25 percent. Finally, the elevated price must be in excess of the seller’s increased cost. This is crucial: Even during emergencies, sellers are allowed to maintain their existing profit margins. They just can’t increase those margins excessively.
Recent Posts
As Trump Denies and Delays, the World Races to Meet the Climate Clock Deadline
July 23, 2026
Take Action Now It may sound like all is lost. On the contrary: Solutions abound, and there are many reasons for hope.By Gan Golan and Andrew…
U.S. Military Personnel of Conscience: Active Duty Air Force Major Calls for the Impeachment of President Trump
July 23, 2026
Take Action Now During the Trump administration, many who have privately dissented from the endless illegal policies have been fired, in particular…
Insurgents or Insiders, a Zero Hour Conversation With Norman Solomon
July 22, 2026
Take Action Now Where is the Democratic blue road going?By RJ Eskow and Norman Solomon, The Zero Hour Report When I think about the left-wing…
Crypto, AI, and AIPAC Super PACs Are Spending in Lockstep Against Progressives
July 21, 2026
Take Action Now Unprecedented sums are being spent on Democratic primaries, reshaping races while keeping their policy agendas largely out of public…




