It is an unfair and deceptive practice to advertise the phrase "wholesale to the public," or any similar term or phrase or to otherwise state or imply that the public is able to buy merchandise at "wholesale" prices, unless the seller is, in fact, a wholesaler, and unless the seller sells to the general public at exactly the same prices as he or she sells to retailers who are buying merchandise intended for resale to the public at a higher retail price.
N.M. Admin. Code § 12.2.7.18