Price gouging occurs when retailers or other sellers take advantage of the increased demand and insufficient supply of goods and services—often commodities and basic necessities—following a natural disaster, war, civil unrest, or other event, and increase prices beyond a fair or reasonable amount.
In New Hampshire, price gouging is addressed under the state's Consumer Protection Act (RSA 358-A). The Act prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce. While New Hampshire does not have a statute that specifically defines and prohibits price gouging, the Attorney General's Office can investigate and take action against businesses that engage in unfair or deceptive pricing practices, especially during a state of emergency or natural disaster. The determination of what constitutes an 'unfair' price can be subjective and is typically assessed on a case-by-case basis. If a state of emergency is declared, the Governor may issue executive orders that further restrict price increases on essential goods and services to prevent exploitation of consumers during the crisis.