N.J. Admin. Code § 13:45A-9.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:45A-9.4 - Price reduction advertisements; items of merchandise specifically advertised at a price of more than $ 100.00

(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."

N.J. Admin. Code § 13:45A-9.4

New Rule, R.1996 d.309, effective 7/1/1996 (operative August 15, 1996).
See: 28 New Jersey Register 1186(a), 28 New Jersey Register 3304(a).
Former N.J.A.C. 13:45A-9.4, "Application of regulation", recodified to 13:45A-9.7.