This story was produced as part of the Colorado Capitol News Alliance. It first appeared at coloradosun.com.
The end of the $10 stadium hot dog in Colorado may be near.
Democrats in the Colorado legislature this year are trying to pass a package of bills that aim to rein in consumer prices by outlawing higher costs for so-called captive audiences, banning “surveillance pricing,” and prohibiting manufacturers from selling their goods to small businesses for more than they charge big-box stores.
“We need to be sure that our marketplace is actually competitive and the consumer, which also includes small businesses, are not just overrun and overpowered,” said Assistant House Majority Leader Jennifer Bacon, a Denver Democrat who is working on the trio of bills. “We believe in consumers’ ability to bargain and engage in this market. What we need is not just transparency, but we need to be protected.”
Many business groups are already lobbying against the measures. Gov. Jared Polis, as well as more moderate Democrats at the Capitol, could pose a roadblock to the bills becoming law, too.
Here’s what the measures are and how they would work.
Captive audience and third-party delivery pricing
The only one of the three measures that already has been introduced is House Bill 1012.
The legislation would require third-party delivery apps, like Uber Eats and Door Dash, display the in-store or in-restaurant price of products they offer alongside their price when they’re purchased for delivery through the app.
The in-store prices are typically lower, and the bill’s sponsors want consumers to be aware of that difference.
The bill would also require that consumers in “captive audience” settings like hospitals, stadiums and airports — where the options of where to buy food, services and goods are limited — don’t face artificially inflated prices. This is where that $10 hot dog comes into play.
The measure would require that vendors in captive audience settings price what they’re selling at the average price for a comparable product in the surrounding county.
So if the average price of a hot dog in Denver is $3.50 (we’re guessing here), then it would have to cost the same in Coors Field, Ball Arena or at Empower Field — or the airport, if you’re into that kind of thing. In a hospital, the legislation would aim to prevent a patient from being charged an exorbitant amount for a Band-Aid or ibuprofen pill.
“I think we all know that when something is 10 times the cost of what you’d buy down the street, that is price gouging,” said state Rep. Yara Zokaie, a Fort Collins Democrat who is a lead sponsor of the bill.
The other lead sponsors are Democratic state Rep. Kyle Brown of Louisville and state Sens. William Lindstedt of Broomfield and Mike Weissman of Aurora.
The Colorado Attorney General’s Office would be responsible for enforcing the measure under the Colorado Consumer Protection Act.
The list of groups opposing the bill includes the Colorado Bankers Association, Colorado Chamber of Commerce, Colorado Hospital Association and the National Western Stock Show and Rodeo. Door Dash, Instacart and Uber are seeking changes to the measure.
Surveillance pricing
A group of Democrats plan to try for the second year in a row to outlaw “surveillance pricing” in Colorado.
That’s when a company uses a consumer’s digital footprint to determine how much to charge them for a good or service. A common example is an airline increasing flight prices for a person who recently visited an online obituary — the thinking on the business’ part being that they are traveling to a funeral and are willing to pay more.
“If the supply side knows how much the demand side will pay, right, then the system is rigged,” said state Rep. Javier Mabrey, a Denver Democrat who is working with Bacon on the measure. “The idea is that a company cannot set a price by spying on you.”
Bacon said competition needs transparency and that consumers need the ability to bargain and engage in the free market.
“They want to be able to have a say at how much they’re going to spend on something, and they don’t want to feel like the whole world is watching them,” she said.
The plan is to try to regulate surveillance pricing through the Colorado Consumer Protection Act and to give the Colorado Attorney General’s Office and the everyday consumer the ability to sue if they suspect a violation.
The measure is expected to be introduced in the coming weeks.
A similar bill failed in the House Judiciary Committee last year.
The 2025 measure was opposed by groups like the American Property Casualty Insurance Association, Colorado Hotel and Lodging Association, Colorado Technology Association, United Airlines, Airbnb and Comcast. It was backed by unions and liberal advocacy groups.
The sponsors of this year’s measure think that the growing influence of technology on pricing will help them overcome the opposition that sank the bill last year.
Leveling the playing field for small businesses
The final bill, expected to be introduced in late February or early March, will seek to prohibit producers and wholesalers from charging different prices to different retailers.
The idea is to prevent big-box stores like Walmart and Costco from getting preferential pricing that a small business can’t compete with.
“What we’re looking at here is saying that prices should not be different for small businesses just based off of their location or their size,” said Zokaie, who is working with Lindstedt on the measure. “What this bill is about is making sure small businesses have tools to survive and thrive in an economy that, many times, is rigged against them.”
While the measure is geared toward small retailers, smaller producers also see a benefit, too.
Mike Callicrate, a Colorado rancher, says he’s lost business because larger beef wholesalers have undercut him through preferential pricing.
“Theres no way to compete,” said Callicrate, who lives in Colorado Springs, where his food products company is based, and operates a ranch in northwestern Kansas.
Business groups are expected to lobby heavily in opposition to the measure.
