1. (a) A person may represent directly or by implication in any advertising that a person offers to sell or sells a particular article of merchandise at a wholesale price if that person can substantiate significant savings on his price as compared to identical merchandise offered for sale by retailers in the trade area. However, it is an unlawful practice to represent directly or by implication in any advertising that a person is a wholesaler or offers to sell or sells merchandise at wholesale to the public unless the person:

   1. (1) makes a substantial and significant number of sales for resale in the ordinary course of business; and
   2. (2) can substantiate savings on the prices offered as compared to merchandise offered for sale by retailers in the trade area.
2. (b) It is an unlawful practice to represent directly or by implication in any advertising that a person offers to sell or sells a particular article of merchandise at a wholesale price unless that person can substantiate significant savings on his price as compared to identical merchandise offered for sale by retailers in the trade area.

(Source: P.A. 88-576, eff. 8-12-94.)