N.M. Admin. Code § 12.2.7.15

Current through Register Vol. 35, No. 21, November 5, 2024

Section 12.2.7.15 - BARGAIN OFFERS BASED ON THE PURCHASE OF OTHER GOODS AND USE OF THE WORD "FREE"

A. It is an unfair and deceptive practice to use the word "free" or words of similar meaning, or to represent bargain offers, including "buy one - get one free," "buy one - get one at half price," "two for one" and "one cent sale," when describing a good to be given to a customer who purchases other goods, if the seller recovers, in whole or in part, the cost of the free or bargain good by marking up the price of the item which must be purchased, by substituting an inferior item, or otherwise.

B. It is an unfair and deceptive practice to represent that another good is being offered free or at a bargain price with the sale if the advertised good can be purchased from the seller at a lesser price without the free or bargain good.

N.M. Admin. Code § 12.2.7.15

7/15/98; 12.2.7.15 NMAC - Rn, 1 NMAC 2.7.15, 02/14/08