How does the Massachusetts junk fee rule apply to food delivery apps?
Quick answer
Massachusetts rule 940 CMR 38.04 lets food and grocery delivery platforms show the menu prices that restaurants and stores set, rather than an all-in price per item. In exchange, the platform must clearly display the maximum mandatory charges or fees a customer must pay to complete the order, on its interface, any time pricing information appears.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Platform exception | Not a violation of 38.04 for a food or grocery delivery platform to advertise menu prices set by a food store, restaurant or grocery store (38.04) | 940 CMR 38.00 (Mass. AG) |
| The condition | The platform must clearly display the maximum mandatory charges or fees a consumer must pay to complete a transaction on its user interface any time any pricing information is displayed (38.04) | 940 CMR 38.00 (Mass. AG) |
| Checkout | Before the sale: the final amount including shipping and government charges, the nature, purpose and amount of each fee, and which fees are optional and how to avoid them (38.04(3)) | 940 CMR 38.00 (Mass. AG) |
| Most prominent figure at checkout | The final transaction amount (38.04(6)) | 940 CMR 38.00 (Mass. AG) |
| Do not say "required by law" | Misrepresenting that a fee is required by law is unfair and deceptive (38.04(5)) | 940 CMR 38.00 (Mass. AG) |
| Start date | Applies to acts committed or practices in force as of September 2, 2025 (38.09) | 940 CMR 38.00 (Mass. AG) |
| Penalty | No separate dollar fine in the rule itself. A violation is an unfair or deceptive practice under M.G.L. c. 93A, s. 2; in an Attorney General case the court may order a civil penalty of up to $5,000 for each violation if the business knew or should have known (c. 93A, s. 4) | M.G.L. c. 93A, s. 4 |
| Last verified | October 29, 2026 | Astor Ventures |
Does the restaurant get the same exception?
The text gives the exception to food and grocery delivery platforms. A restaurant advertising its own prices falls under the general rule: mandatory fees belong in the total price (38.04(1)).
Can the delivery fee appear only at checkout?
No. The maximum mandatory charges must be shown clearly any time pricing information is displayed on the platform (38.04).
What must the final screen show?
The final total, including shipping and government charges, shown most prominently, plus each fee's nature, purpose and amount and which ones are optional (38.04(3),(6)).
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What else do people ask?
Is a "fees may apply" note enough?
The rule asks for the maximum mandatory charges or fees, displayed clearly, so a vague note is unlikely to be enough (38.04).
When did it start?
September 2, 2025 (38.09).
What is the fine?
The rule has no fine of its own; the Attorney General can seek up to $5,000 per violation under M.G.L. c. 93A, s. 4.
Is this legal advice?
No. General information only.
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