La. Admin. Code tit. 16 § III-303

Current through Register Vol. 50, No. 11, November 20, 2024
Section III-303 - Identifying Basis of Price Comparison
A. It is a deceptive act or practice for a seller to make a price comparison or claim a savings as to any merchandise offered for sale unless the seller clearly and conspicuously discloses the basis for or source of the price comparison or savings claim. However, a seller may make a price comparison or claim a savings without the required disclosure if the price comparison or savings claim is based on the seller's own former price as subscribed in §305 Terms such as regular, regularly, formerly, originally, was, or words of similar meaning may be used by the seller to identify the seller's own former price.
B. Unless your savings claims or price comparisons are based on your own former prices, you must explain the basis of any savings claim or price comparison you make in your ads. For example, both of these ads comply with this rule.

Sale

Save $10

Acme's Price:

$29.99

Our Price:

$19.99

1. This ad explains that the $10.00 savings claim is based on a comparison to Acme's price.

Sale

All Merchandise reduced 33%!

2. This ad doesn't need any explanation because it is clear that the 33 percent reduction is from the seller's own former price.

La. Admin. Code tit. 16, § III-303

Promulgated by the Department of Justice, Office of the Attorney General, LR 21:33 (January 1995).
AUTHORITY NOTE: Promulgated in accordance with R.S. 51.1 et seq.