§470.220. Comparison to Seller's Own Former (Regular) Prices

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It is an unfair or deceptive act for a seller to compare current price with its former (regular) price for any product or service, (for example: "$99, Now $69 – Save $30"; "Regularly $99, Now $69"; "Originally $99, Now $69"; "Save $30, Now $69") unless one of the following criteria are met:

a) the former (regular) price is equal to or below the price(s) at which the seller made a substantial number of sales of such products in the recent regular course of its business; or

b) the former (regular) price is equal to or below the price(s) at which the seller offered the product for a reasonably substantial period of time in the recent regular course of its business, openly and actively and in good faith, with an intent to sell the product at that price(s).

                    
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