Section 14.206. Catalogs, media commercials, circulars, or newspaper inserts prepared prior to dissemination.  


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  • (1) When an advertiser prepares, or causes to  be  prepared,  an advertisement in the form of a catalog, television or radio commercial, circular, or an insert to a newspaper, which advertisement must be printed or submitted not less than 10 days prior to its dissemination to the public, and the advertisement offers to sell consumer items at a sale price, a special price, or at a price reduced by an amount or proportion, and the consumer items are readily and conspicuously made available   for sale at a price other than the advertised sale price, special price, or reduced price during the interim period between the time of printing and the dissemination of the advertisement to the public, the advertiser is not required to disclose in the advertisement  the   numeric  quantity available if the advertiser:

    (a)   Clearly and conspicuously discloses the period of time the consumer items are available for sale.

    (b)     Makes available a raincheck to any person who seeks to purchase the consumer item during the advertised period of sale, or substitutes an equal or greater monetary value for the advertised item, if the consumer items are not intended to be liquidated as part of a clearance or close out sale, or a sale of similar import or meaning.

    (2) Where the consumer items are not made readily  and   conspicuously available for sale during the interim period, the advertiser may, instead of subrule(1)(a) and (b) above, disclose the numeric quantity available at time of sale.

History: 1979 AC.