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-9.4 - Price reduction advertisements; items of merchandise specifically advertised at a price of more than $ 100.00
Universal Citation: NJ Admin Code 13:45A-9.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) An advertiser offering an item of merchandise specifically advertised for sale at a price of $ 100.00 or more shall, in addition to complying with the provisions of 13:45A-9.2:
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 in the manner set
forth in 13:45A-9.2(a) 1i
through iii;
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;
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,"
"competitor's price," "our regular price," or words of similar import shall be
used to designate the basis for the former price; and
6. Set forth with specificity when in the
remote past a former price of an item of merchandise was effective if it was
not actively or openly offered for sale within the advertiser's trade area in
the regular course of business during at least 28 of the 90 days before the
effective date of the advertisement. In this regard, when advertising a
seasonal sale, such as Christmas dishes, pool supplies, outdoor furniture,
etc., actual dates, specific holidays or terms such as "last season," may be
used to describe when the former price was used in the remote past.
(b) A former price or a selling price may be stated in terms of a price range when, and only 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.
i. The following examples would comply with
this paragraph: "Regular price $ 110 to $ 125--On sale for $ 100"; "Brand X 19"
color TV--Regularly $ 250 to $ 300. Now $ 150 to $ 200."
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