It is unlawful for any merchant to advertise or offer for sale any item of merchandise with a limitation upon the number of the item that any retail purchaser may purchase at the advertised price. It is further unlawful for any merchant offering or advertising any item of merchandise in his place of business at any given price to refuse to sell to any prospective retail purchaser for cash the whole or any part of his stock of such item at such price. However, this section shall not be applicable to a purchaser purchasing for resale.
History: 1953 Comp., § 49-1-5, enacted by Laws 1955, ch. 250, § 1; 1957, ch. 30, § 1; 1961, ch. 52, § 1; 1978 Comp., § 57-1-5, recompiled as 1978 Comp., § 57-1-18 by Laws 1979, ch. 374, § 18; 1995, ch. 18, § 1.
ANNOTATIONSThe 1995 amendment, effective June 16, 1995, inserted "retail" in the section heading and in the first and second sentences, added the final sentence, and made stylistic changes.
Advertising different prices for small and unlimited quantities not violative. — Where the advertised price was one or two items at one price and additional items at a higher price and where the informations charged neither a limitation upon the number of items which any purchaser might buy at the advertised price nor a refusal to sell to any prospective purchaser the whole or any part of such items of merchandise at the advertised price, the information in each case failed to charge an offense within the meaning of the words used in this section and orders quashing the informations would be properly entered. State v. Shop Rite Foods, Inc., 1964-NMSC-048, 74 N.M. 55, 390 P.2d 437.
Law reviews. — For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 C.J.S. Monopolies §§ 62 to 69, 73, 84.