New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 9 - GENERAL ADVERTISING
Section 13:45A-9.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Advertisement" means any attempt by an advertiser, other than by use of a price tag or any offering for the sale of a motor vehicle subject to the requirements of N.J.A.C. 13:45A-26A, to directly or indirectly induce the purchase or rental of merchandise at retail, appearing in any newspaper, magazine, periodical, catalog, circular, in-store or out-of-store sign or other written matter placed before the consuming public, or in any radio broadcast, television broadcast, electronic medium or delivered to or through any computer.

"Advertiser" means any person as defined by 56:8-1(d) who in the ordinary course of business is engaged in the sale or rental of merchandise at retail and who placed, either directly or through an advertising agency, an advertisement before the public.

"Catalog" means a multi-page solicitation in which a seller offers goods for sale or rental for a seasonal or specified period of time, from which consumers can order goods directly without going to the seller's place of business. An advertising circular, distributed through inclusion in a newspaper, representing a seller's partial offering of goods for sale or rental for a period of time not to exceed two weeks, shall not be considered a catalog.

"Closeout sale" means a sale in which an advertiser offers for sale at a reduced price items of merchandise remaining at one or more specified locations which the advertiser will not have available for sale within a reasonable period of time after all such items have been sold.

"Division" means the Division of Consumer Affairs.

"Factory outlet" means an establishment owned by a manufacturer that is used primarily to offer, at retail, the manufacturer's products directly to the consumer for his or her own use and not for resale.

"Fictitious former price" means an artificially inflated price for an item or items of merchandise established for the purpose of enabling the advertiser to subsequently offer the item or items at a large reduction.

"Former price or price range" in a price reduction advertisement means an advertised price or price range for an item of merchandise that has been offered or sold by the advertiser in his or her trade area or competitors in their trade area.

"Free-to-pay conversion" means, in an offer or agreement to sell or provide any merchandise, a provision under which a consumer receives the merchandise for free for an initial period and will incur an obligation to pay for the merchandise if he or she does not take affirmative action to cancel before the end of that period.

"Free trial" or "risk free trial" means an offer or agreement to provide merchandise to a consumer for a period of time without any terms or conditions.

"Home appliance" means any electrical, mechanical or thermal article produced or distributed for sale to a consumer for use in or around a permanent or temporary household or residence including, but not limited to, air conditioners, cameras, computers, dehumidifiers, dishwashers, dryers, electric blankets, electronic games, fans, freezers, motorized kitchen aids, ovens, radios, ranges, refrigerators, stereo equipment, televisions and washers.

"Merchandise" means any objects, wares, goods, commodities, services or anything offered directly or indirectly to the public for sale or rental at retail.

"Multi-tiered pricing" means a form of offer where the price of merchandise or the extent of a discount is contingent upon the consumer's merchandise selections, such as the number of units purchased, the purchase of other merchandise pursuant to the terms of the advertiser's offer, or the total dollar amount of the consumer's order, for example, "Buy two cans of soda, get a third can at half price."

"Percentage-off discount" means an offer to sell merchandise expressed in terms of a percentage reduction or range of percentage reductions in price, such as "10% off" or "25% to 50% off."

"Point of display" means a location within a retail establishment where an item of merchandise is displayed for the purpose of selection by the consumer with the intention of purchase.

"Point of sale" means any location in a retail establishment where purchases of merchandise are totaled by a scanner and payment is made by a consumer.

"Point of sale discount" means a price reduction which, although it is advertised or posted at the point of display, is automatically applied to reduce the retail price of the merchandise at the time it is scanned for consumer purchase, or a price reduction manually entered through a cash reduction or similar device, then scanned for consumer purchase.

"Price advertisement" means any advertisement in which a specific dollar price is stated with regard to specific advertised merchandise.

"Price reduction advertisement" means an advertisement which in any way states or suggests directly or indirectly that merchandise is being offered or made available for sale at a price less than that at which it has been routinely sold or offered for sale in the past or at which it will be sold or offered for sale in the future. The following words and terms or their substantial equivalent, when used in any advertisement except when used exclusively as part of the advertiser's corporate, partnership or trade name, shall be deemed to indicate a price reduction advertisement: sale, discount, special savings, price cut, bargain, reduced, prices slashed, clearance, regularly, usually, cut rate, originally, formerly, warehouse or factory clearance, buy one get one free, at cost, below cost, wholesale.

"Rain check" means a written statement issued by an advertiser allowing the purchase of designated merchandise at a previously advertised price.

"Scanner" means an electronic system that employs a laser bar code reader to retrieve product identity, price and other information stored in computer memory.

"Targeted discount" means a price reduction on merchandise which reduction is restricted to customers designated by the advertiser, such as those who possess a card or other device bearing a scanner-readable code issued by the advertiser, a particular type of credit card, or some other device which, when read by the scanner, shall apply the discount at the time of purchase.

"Trade area" means that geographical area in which an advertiser solicits or makes a substantial number of sales.