Prohibited practices

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  • The following specific acts or practices in the advertisement of merchandise to the consumer are prohibited:
    • (1) The publication or distribution of advertisements in which merchandise is offered at a special price, making reference also to a regular price for the same merchandise, when the advertised regular price is not the one at which usually and ordinarily such article has been sold by the advertiser during the regular course of its business.

    • (2) Making reference in any advertisement to list prices or prices suggested by the manufacturer or distributor of merchandise, except when such price is strictly the prevailing price in the marketing and sales of such merchandise to the consumer.

    • (3) The advertisement of merchandise for sale at a price marked as a special one or at a price implicitly giving the impression of a savings in relation to a list price or a regular price of that merchandise, even though no other price is mentioned, if the price advertised as a special one is substantially similar to the price at which the merchandise is ordinarily and usually sold.


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