§ 5-92 Comparisons Based on Price of Identical Merchandise or Services Sold Elsewhere: "Value," "Nationally Advertised at," "Usually," "List," and Similar Terms.
RCNY § 5-92
(a)"Value," "nationally advertised at," "sold nationally at," "made to sell for," "woven to sell for," "usually." If the terms: "value" "nationally advertised at" "sold nationally at" "made to sell for" "woven to sell for" "elsewhere" or other similar terms implying a generally accepted value or price are used with regard to any item or service, then the price to which the reduced offering price is being compared must be the retail market price of the item or service. Furthermore, the terms "value," "nationally advertised at," or "sold nationally at" or any similar terms implying a generally accepted value or price in a national market may be used only (1) in relation to articles or services whose prices have been nationally advertised to the consuming public and (2) i) in relation to prices which are retail market prices, or, (ii) if the advertised item or service is not available elsewhere in the New York City trading area, the prices for which the article or service is currently selling in principal retail outlets in a substantial number of other representative communities in the United States.
(b)If the term "usually" is used with regard to any item or service, then the price to which the reduced offering price is being compared must be either (1) the advertiser's own bona fide price for the item or service, or (2) the retail market price.
(c)"list," "catalog," "suggested," "manufacturer's suggested," prices. Any "list" price, "catalog" price, "suggested" price, "manufacturer's suggested" price, "retailer's suggested" price or a preticketed price displayed by the advertiser must be genuine, unless, in the case of a price printed by a supplier of the advertiser, the advertiser has made every reasonable effort to remove or obliterate totally the printed price, or if removal or obliteration is impracticable taking into account the cost thereof, has conspicuously disclaimed that it is genuine. The display of any list price or printed price accompanied by a lower price constitutes a representation that such price is genuine and that the merchandise is being offered at a discount from such genuine price unless in the case of a price printed by a supplier of the advertiser, the advertiser has made every reasonable effort to remove or obliterate totally the printed price, or if removal or obliteration is impracticable taking into account the cost thereof, has conspicuously disclaimed that it is genuine.
