Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 63 Consider the following factors when making “sale” claims: • Do not have “perma‑sales.” Consider flexing your sale and regular price. If a deal is ongoing, it should not be called out in a way that implies it is a limited offer. • Before making a percentage off or a “compare at” price claim, make sure the higher price used for a comparison is a real price. It should be either a price at which you have sold the good recently or a price other retailers have used to sell the same product. Never create a fictitious higher price to make “sale” reductions more attractive. • If you are comparing the price to that of comparable but not identical merchandise, this needs to be made clear. • “Free” offers, such as “BOGOs,” must really be free. If customers need to pay separate postage and handling for the free item, this must be disclosed clearly and conspicuously.