§ 5-95 "Advance Sale" or "Introductory Offer."
RCNY § 5-95
(a)If an advertiser uses the words "advance sale" or "introductory offer" or statements such as "if there are any left they will be marked $ .....," or any other words or statements implying that the goods or services are offered for sale at a reduced price in relation to a future mark-up, he must also (1) have, in fact, in the case of goods, either a reasonable quantity of merchandise in stock, or an order to be marked up; or demonstrate his intention to order such merchandise for future mark-up; and (2) mark up the goods or services within a reasonable period of time and maintain the mark-up for a reasonable period of time not less than 30 days, unless he can show that competitive circumstances occurring subsequent to the advertisement required him to maintain or lower the price in order to maintain a competitive position.
(b)If the words "introductory offer" or words of similar meaning are used, they must pertain only to merchandise or services not previously sold by the advertiser nor sold by him for more than six weeks prior to the advertisement.
