§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.