[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR233.5]

[Page 169]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 233--GUIDES AGAINST DECEPTIVE PRICING--Table of Contents
 
Sec. 233.5  Miscellaneous price comparisons.

    The practices covered in the provisions set forth above represent 
the most frequently employed forms of bargain advertising. However, 
there are many variations which appear from time to time and which are, 
in the main, controlled by the same general principles. For example, 
retailers should not advertise a retail price as a ``wholesale'' price. 
They should not represent that they are selling at ``factory'' prices 
when they are not selling at the prices paid by those purchasing 
directly from the manufacturer. They should not offer seconds or 
imperfect or irregular merchandise at a reduced price without disclosing 
that the higher comparative price refers to the price of the merchandise 
if perfect. They should not offer an advance sale under circumstances 
where they do not in good faith expect to increase the price at a later 
date, or make a ``limited'' offer which, in fact, is not limited. In all 
of these situations, as well as in others too numerous to mention, 
advertisers should make certain that the bargain offer is genuine and 
truthful. Doing so will serve their own interest as well as that of the 
public. [Guide V]