Section 14.208. General and specific disclaimers; evasions of act or rules.

(1) General  disclaimers   in  advertising  relating  to  product availability shall  not  constitute  compliance   with  the  disclosure provisions of the act or these rules where the disclaimers, when used, are relied upon by a participating dealer or store to evade the obligations imposed by the act or these rules. Examples of such "general   disclaimers" include the following:

(a)   "Not all items available at all stores."

(b)   "Available at most stores."

(c)   "Available at participating stores."

(2)   Specific disclaimers in advertising   relating  to  consumer  item availability only in certain stores are in compliance with the disclosure requirements of the act and these rules. Examples of a specific disclaimer include the following:

(a)   "Available only at stores featuring delicatessen departments."

(b)   "Available at the following participating stores: (name and address of each)."

(3)   In determining whether a clearance or close out sale is used as a device to evade the act or these rules, the following   criteria   shall   be considered:

(a)   Whether the advertiser regularly or repeatedly  uses   the  terms "clearance sale" or "close out sale" in connection  with   advertising  of consumer items.

(b)   Whether the advertiser has in fact made  readily  and  conspicuously available for sale all of the consumer items offered as  part  of  the clearance or close out sale.

(c)   Whether the clearance or close out sale is merely a  temporary reduction in prices, and there is an increase in prices  on   the  same consumer items after the sale.

(d)  Whether the advertiser has, prior to or during the sale,  ordered  or acquired all or part of the advertised consumer items, other than from existing inventory, for the purposes of the sale.

(e)    Whether the advertiser has reordered the consumer items which are the subject of the sale for the purposes of replacing the inventory of sold items so as to make them available for sale within 90 days of  the advertised clearance or close out sale.

(4)     In order to avoid leading a consumer to believe, in connection with an advertisement disclosing numerical quantities where more than 1 store, outlet, or dealership is participating, that each store,  outlet   or dealership has in fact the numerical quantity listed for the consumer item, and in fact there is a variance in quantity among such store, outlets, or dealerships, the advertiser may do either of the following:

(a)   Have readily and conspicuously available in each store, outlet, or dealership a reasonable number of each consumer item subject  to   the   sale advertising.

(b)   Provide to each store, outlet, or dealership a quantity  of   consumer items equal to the quantity disclosed for each item.

History:  1979 AC.