N.J. Admin. Code § 13:45A-9.8

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

Section 13:45A-9.8 - Retail discounts in scanner stores; percentage-off discounts; point-of-sale discounts; multi-tiered pricing offers; targeted discounts

(a) Retail establishments which use scanners that have the capability of providing percentage-off discounts, and wish to offer percentage-off discounts at the point of sale shall set forth the regular price and the price after any discounts are taken relating to the merchandise purchased by the consumer on the register receipt given to the consumer at the point of sale.

(b) An advertiser who offers a percentage-off discount is not required to disclose the basis of the percentage reduction or the regular price or price range in an advertisement pursuant to 13:45A-9.5 provided that:

1. The retail price per unit of merchandise is less than $ 100.00; and

2. The regular price and the price after any discounts are taken are set forth on the register receipt given to the consumer at the point of sale.

(c) An advertiser may discount merchandise at the point of sale without marking the merchandise with the discounted price provided that the following information is posted conspicuously in the form of a notice at the point of display:

1. A description of the merchandise or the range or category of merchandise and the price to which the discount shall apply;

2. A notice that the discount will be taken at the time of purchase; and

3. The specific amount or type of discount applicable, such as "$ 10.00 off" or "25% off posted price."

(d) Advertisements and point of display materials involving multi-tiered pricing offers made by advertisers shall contain the following:

1. All retail prices or discounts comprising the offer and the types of purchases to which they apply, for example:

i. "Treefree Paper Towels--Get first roll at 79 [cents] 2nd roll at 69 [cents] and each additional roll at 59 [cents]";

ii. "Wonder Hot Dog Rolls--$ 1.09 only; 79 [cents] with purchase of Plochman's Mustard"; and

2. Any limitations applicable to the offer, such as the type, brand or size of the merchandise or restrictions on the number of units which may be purchased.

(e) Advertisements containing targeted discounts shall conspicuously state that the offer is limited to a certain category of consumer and shall specifically identify those consumers. If the merchandise to be discounted is also being advertised at a reduced price for all consumers, the advertisement shall clearly distinguish between the types of offers made by the advertiser and identify those consumers who are entitled to each offer.

1. Any targeted discounts or pricing information posted at the point of display shall clearly and conspicuously state that the offer is limited, and shall identify the customers who are entitled to take advantage of the offer.

N.J. Admin. Code § 13:45A-9.8

New Rule, R.1998 d.489, effective 10/5/1998.
See: 29 New Jersey Register 3772(a), 30 New Jersey Register 3657(b).