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What is NYC AC § 20-723?

Quick Answer

This section prohibits false advertising practices in New York City regarding merchandise pricing. It specifically addresses claims about wholesale prices, fictitious reductions, and comparative pricing without proper standards. The statute is enforced by the Department of Consumer and Worker Protection. Applies to businesses advertising products to the public.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-723 Representations in advertising.

AC § 20-723

No person, firm, corporation or association, or agent or employee thereof, doing business in New York city, who with intent to sell or in any way dispose of merchandise to the public through the media of a newspaper, magazine, circular, pamphlet, catalogue, store display, letter or handbill shall advertise, state, set forth, print, publish or cause directly or indirectly or permit directly or indirectly, so to be done in any of the aforesaid media, any of the following or anything approximating any of the following: (a) That the merchandise offered as aforesaid is being offered at "wholesale price" or at "manufacturers' cost" or "less than cost" or any similar language, unless such representations are true in fact; nor shall any such person, firm or corporation or association, or agent or employee thereof, doing business in New York city, offer for sale any product at a price purported to be reduced from what is a fictitious "list" or "selling" or "retailer's suggested" price, or at a purported reduction in any such price when such purported reduction is in fact fictitious.

(b)That the merchandise offered as aforesaid is being offered on the basis of comparative prices or percentage savings, or similar or analogous claims by the use of such terms as "comparable value" or "comparable retail value," without denoting, defining or describing the standard of comparison.

(c)That the merchandise offered as aforesaid is being offered as "made to sell for", or being "worth" or "valued at," a certain price greater or more than the price sought, or by the use of similar or analogous statements unless such claim or representation is true in fact.

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