With COVID-19 cases surging statewide and urgent care centers reporting lengthy wait times for testing, New Yorkers are turning to over-the-counter coronavirus test kits for immediate results.
But Attorney General Letitia James warned Tuesday that some retailers are capitalizing on the high demand — driven by the omicron variant — and illegally charging two or three times the listed price for at-home testing kits.
“If New Yorkers see exorbitant price increases on testing kits or other goods vital and necessary for health, safety, and welfare,” James said in a statement, “they are encouraged to report it my office immediately. And fraudsters are on notice that if they attempt to price gouge during this new surge, we will not hesitate to take action.”
Nassau and Suffolk officials did not immediately respond to requests for comment about cases of price gouging in either county.
A standard BinaxNOW brand COVID-19 testing kit at many New York stores, such as Walgreens, Walmart and CVS, costs roughly between $14 and $25 for a package containing two tests. But James’ office said there have been reports of the same products being sold for more than $40 and up to $70 per package.
At-home testing kits typically run from as cheap as $10 to as high as $135 for samples that need to be shipped overnight to laboratories, according to a check of many popular retailers.
State law prohibits merchants from taking advantage of consumers by selling products or services that are vital to their health, safety, or welfare for an “unconscionably excessive” price, typically represented by a significant disparity between the price immediately before and after a retail sale, James’ office said.
During the early days of the pandemic, then-Gov. Andrew M. Cuomo signed legislation strengthening the state’s price-gouging laws to protect a broader scope of products and services, including medical supplies and equipment.
New Yorkers can file a price-gouging complaint online or call 800-771-7755.
