Section 04.02.01.061 - COMPARATIVE PRICING - GENERAL RULEIt is an unfair and deceptive act or practice for a seller to represent by any means which has the capacity, tendency, or effect of deceiving or misleading a consumer acting reasonably under the circumstances as to the value of the past, present, common, or usual price of goods or services, or as to any reduction in the price of goods or services, or any savings relating to the cost or price of the goods or services. (3-31-22)
01.Savings or Value Claims. Savings or value claims utilized in connection with terms such as "originally," "formerly," "regularly," "usually," "list price," "compare at," or other like terms, expressions or representations must be based on facts provable by the seller: (3-31-22)a. By the seller's own records; or (3-31-22)b. By reasonably substantial competitive sales in the trade area where such claims or representations are made, under circumstances and conditions represented or implied by the claims or representations. (3-31-22)02.Comparison Claims. The use of such terms as "reduced," "sale," "special price," "originally," "formerly," "slashed," etc. are deemed to be comparisons between the seller's present prices and his bona fide, regular prices. Terms such as "list price," "compare at," "comparable value," "suggested price," etc. are deemed to be comparisons between the seller's present prices and the prevailing competitors' prices. Terms such as "discount," "usually," "regularly," etc., which have a vague meaning are presumed to be a comparison between the seller's present prices and his bona fide, regular prices, unless the seller states otherwise in his advertising or sales promotion. (3-31-22)Idaho Admin. Code r. 04.02.01.061