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| FTC | RIN: 3084-AB22 | Publication ID: Fall 2010 |
| Title: Retail Food Store Advertising and Marketing Practices | |
| Abstract: The Commission's Rule on Retail Food Store Advertising and Marketing Practices (the Unavailability Rule) states that it is a violation of section 5 of the Federal Trade Commission Act for retail stores of food, groceries, or other merchandise 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. As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission plans to request comments on, among other things, the economic impact and benefits of this Rule; possible conflict between the Rule and State, local, or other Federal laws or regulations; and the effect on the Rule of any technological, economic, or other industry changes. The Commission plans to request comments on this Rule during fall 2010. | |
| Agency: Federal Trade Commission(FTC) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Prerule Stage |
| Major: Undetermined | Unfunded Mandates: No |
| CFR Citation: 16 CFR 424 | |
| Legal Authority: 15 USC 41 et seq | |
|
Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
| Small Entities Affected: Businesses | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
| Related RINs: Previously reported as 3084-AA17 | |
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Agency Contact: Frank M. Gorman Attorney Federal Trade Commission Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone:202 326-2156 Email: fgorman@ftc.gov |
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