TITLE 14: COMMERCE
SUBTITLE B: CONSUMER PROTECTION
CHAPTER II: ATTORNEY GENERAL
PART 470 RETAIL ADVERTISING
SECTION 470.270 COMPARISON TO SELLERS' OWN OR OTHER SELLERS' PRICE FOR COMPARABLE PRODUCT


 

Section 470.270  Comparison to Sellers' Own or Other Sellers' Price for Comparable Product

 

It is an unfair or deceptive act for a seller to compare his price with the price at which he or any other seller is offering a comparable product (for example:  "69, compare at $99", "Comparable value $99") unless:

 

a)         The comparable product is currently being offered at the stated higher comparative price by the seller or by a reasonable number of other sellers in the sellers' trade area or another seller(s) specifically named in the ad; and

 

b)         There are no substantial differences in quality, grade, materials, or craftsmanship between the comparable product and the product offered by the seller; and

 

c)         If the comparable product is sold by the seller, the comparative price is determined in accordance with Section 470.220 of this Part.