"Price gouging" can only occur during a state of emergency.
During a state of emergency, the products susceptible to price gouging claims are those that are determined to be “essential” and can vary, even within the same emergency, by state and/or marketplace (or Sellers’ opinions, as seen in this thread ).
TLDR: There’s no list.
Although Amazon has not published any clarification on their criteria, their recent foray into price gouging suspensions began the same day that CA declared an SOE. CA was the first state to do so.
Therefore, personally, I would use CA’s interpretation at this time1: no more than 10% above average retail price in the previous 30 days.
no more than 10% above – This is very conservative, and depending on cost for new stock, some Sellers might spend time really thinking about whether any price change is worth keeping that item active during the SOE.
average retail price in the previous 30 days – It’s important to note that with this wording, the law sides with savings for the customers. Customers should not be paying more than 10% above the average retail price in the past 30 days for essential items–even if Seller’s, brand’s, and manufacturer’s costs have increased more than 10%, or if bringing an essential item to a marketplace during the SOE requires costs greater than 10% above retail. This is also an issue for anyone practicing RA for essential items because their starting cost is retail (or just under).
This is so tricky, especially for lower-priced essential items. It’s easier to see that raising a usual $20 average price to $40 (100% increase) could be problematic, but it’s more difficult to see that raising to $25 (25% increase) or even “only” to $23.00 (15% increase) could also be just as problematic. When the item’s price is only $5 or $10, it’s literally a matter of cents, not dollars.
1 I do not sell any essential items at this time.