Overview
- Attorney General Dana Nessel issued a notice of intended action and gave the retailer until Dec. 15 to negotiate a voluntary assurance of compliance.
- If no agreement is reached by the deadline, the state says it may pursue litigation and civil fines.
- MDARD has documented at least 30 non-compliance findings since June 2025, including more than 18 between Aug. 3 and Nov. 5.
- Inspectors reported items labeled $5 frequently scanning at $6 or $7, with repeat issues across different stores and dates.
- Five Below has said it will audit pricing and retrain staff, and about half of the cited locations are in Southeast Michigan.