12.2.7.9

Comparison to seller’s own former price:

1. A. It is an unfair and deceptive practice for a seller to advertise using a comparison between the seller’s current price and the seller’s former price for any good unless the good was offered to the public openly and honestly, in good faith, with intent to sell at the former price, for a reasonably substantial period of time which immediately preceded the effective date of the price reduction.

2. B. A seller may advertise using a price comparison or claim a savings without the required disclosure(s), as described in Subsection B of 12.2.7.8 NMAC, only if the price comparison or savings claim is clearly based on the seller’s former price. Terms such as “regular,” “regularly,” “formerly,” “originally,” “was” or words of similar meaning may be used by the seller to refer and identify a comparison to his or her former price.

   [7/15/98; 12.2.7.9 NMAC - Rn, 1 NMAC 2.7.9, 02/14/08]