New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 33 - STATE BOARD OF OPHTHALMIC DISPENSERS AND OPHTHALMIC TECHNICIANS
Subchapter 7 - ADVERTISING
Section 13:33-7.3 - Reduced price sales; price ranges; percentage sales
Universal Citation: NJ Admin Code 13:33-7.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) An advertiser advertising an item of merchandise specifically advertised for sale at a reduced price shall:
1.
State the selling price or price range;
2. State the former price
or price range or the amount of the reduction in dollars;
3.
State with specificity in any price reduction advertisement the period of time during which the price
reduction shall be applicable, unless the merchandise is advertised on an in-store sign with no corresponding
out-of-store sign, or as being available in a specific quantity, or as being available in a "limited supply"
pursuant to a "closeout sale" or a "clearance sale";
4. Set forth
the former price or price range or the amount of reduction in dollars in close proximity to the selling price
or price range and the advertised item; and
5. Set forth the
basis upon which the former price or price range or the amount of reduction in dollars was established in
close proximity to the former price or price range of the advertised item. In this regard, terms such as
"comparable value," "our regular price," or words of similar import shall be used to designate the basis for
the former price.
(b) A former price or a selling price may be stated in terms of a price range when:
1. An advertiser
operates more than one retail outlet at which advertised merchandise has been or will be available for
purchase at different prices in the ordinary course of business. In such case, the price range shall be based
upon the sales or offers of sale at the advertiser's retail outlets; or
2. An advertiser advertises two or more items of comparable merchandise as
available at reduced prices, in which case the price range shall be based upon former or usual selling prices
of the advertised products.
(c) An advertiser offering merchandise for sale at a savings of a percentage shall set forth the basis upon which the former price was established in close proximity to the percentage reduction. In this regard, terms such as "our regular price" or words of similar import shall be used to designate the basis for the former price.
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