LOS ANGELES – In response to the rapid rise in COVID-19 infections due to the highly contagious Omicron variant, reports of exorbitantly-priced at-home test kits, and Governor Newsom’s January 8 Executive Order, City Attorney Mike Feuer Jan. 13, encouraged Angelenos to beware of price gouging and report instances of it to his office. People may file a consumer complaint online at or by calling 213-978-8070.
The City Attorney is also working closely with the Los Angeles Department of Consumer and Business Affairs or DCBA on these matters.
Besides ripping off consumers, price gouging has another negative consequence. Even if consumers don’t make the purchase, just seeing overly-inflated prices can raise concerns and fuel general panic about a scarcity of items tied to this emergency. Consumers can report price gouging that they see in-store or online by providing evidence of the price that is advertised and, if known, information about the previous lower price, even if they never purchased the product.
Gov. Newsom’s executive order, enforceable through March 31, 2022, generally prohibits anyone who sold at-home test kits as of Dec. 1, 2021 from increasing prices by greater than 10% of what the seller charged on Dec. 1. Additionally, it prohibits anyone who did not sell at-home test kits as of Dec. 1, 2021, from charging any consumer a price that is 50% greater than what the seller paid for the kit itself.
Violations of the executive order are misdemeanors under Government Code section 8665, and each act of price gouging is punishable by a fine of up to $1,000 and/or up to six months imprisonment.
Feuer encourages consumers to check that the test they want to purchase has been authorized by the Food and Drug Administration, which currently lists 311 tests. Check Antigen (rapid result) tests here: https://bit.ly/3qnFCfx Check PCR tests here: https://bit.ly/3qp2ETx
Additionally, amid reports that Angelenos are encountering “pop-up” testing sites which may not be legitimate, and potentially could be committing identity theft or insurance fraud, Feuer urged Angelenos to go online for a list of sites authorized by the Los Angeles County Department of Public Health. Other locations may be legitimate as well, and Feuer recommends searching online for reviews and consumer complaints before getting tested at those sites. The City Attorney’s Office is working with L.A. County Dept. of Consumer and Business Affairs, California Dept. of Public Health and the County Counsel to address this important consumer issue.