As part of the systematic review of all Commission rules, on August 18, 2011, the Commission initiated its periodic review of the Unavailability Rule (or the Rule on Retail Food Store Advertising and Marketing Practices) by publishing a notice seeking public comments on the effectiveness and impact of the rule. 76 FR 51308. The comment period closed on October 19, 2011. Staff has reviewed the comments and expects to submit a recommendation to the Commission by the winter of 2015.

The Commission's Unavailability Rule states that it is a violation of section 5 of the Federal Trade Commission Act for food retailers to advertise products for sale at a stated price if those stores do not have the advertised products in stock and readily available to customers during the effective period of the advertisement, unless the advertisement clearly discloses that supplies of the advertised products are limited or are available only at some outlets. However, it is not a violation of the rule if the advertised products were ordered in adequate time for delivery in quantities sufficient to meet reasonably anticipated demand, the food retailer offers a "raincheck" for the advertised products, the food retailer offers at the advertised price or at a comparable price reduction a similar product that is at least comparable in value to the advertised product, or the food retailer offers other compensation at least equal to the advertised value. The rule is intended to benefit consumers by ensuring that advertised items are available, that advertising-induced purchasing trips are not fruitless, and that store prices accurately reflect the prices appearing in the ads.