N.J. Admin. Code § 13:33-7.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 13:33-7.3 - Reduced price sales; price ranges; percentage sales

(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.

N.J. Admin. Code § 13:33-7.3