La. Admin. Code tit. 16 § III-301

Current through Register Vol. 50, No. 11, November 20, 2024
Section III-301 - Definitions
A. For purposes of this rule the following definitions shall apply.

Advertisement-includes statements and representations contained on any label, tag, or sign attached to, printed on, or accompanying merchandise offered for sale or printed in a catalog or any other sales literature.

Clearly and Conspicuously-the statement representations, or terms being disclosed is reasonably understandable, is in such size, color contrast, or audibility, and is so placed and presented as to be readily noticeable, and is in close proximity to the information it modifies.

Comparable Merchandise-merchandise that is substantially similar in composition, style, design, model, kind, variety, service, or performance characteristics to the merchandise to which it is compared in any advertisement.

Comparative Price-the price or other description of the value of merchandise to which a seller compares its current price in any advertisement.

List Price-a price given to a retailer by a manufacturer or other supplier as a suggested retail price for the merchandise and includes the term manufacturer's suggested retail price.

Price Comparison-an expressed or implied comparison in any advertisement (whether or not expressed wholly or in part in dollars, cents, fractions, or percentages) of a seller's current price for merchandise with any other price or statement of value, whether or not the price is actually stated in the advertisement.

Seller-any person who offers any merchandise for sale at any location and who disseminates advertisements for that product in Louisiana . Seller may include any officer, agent, employee, sales person, or representative of seller, and any advertising agency employed by a seller.

Trade Area-the geographic area where the seller's outlets are located or where the seller's advertisements are disseminated.

B. This Section defines words used frequently in these rules. Remember, when we talk about ads, we don't just mean radio, TV, and newspaper ads. We mean fliers, catalogs, brochures, in-store displays, price tags, and any other labels or signs that contain information about your products and prices.

La. Admin. Code tit. 16, § III-301

Promulgated by the Department of Justice, Office of the Attorney General, LR 21:32 (January 1995).
AUTHORITY NOTE: Promulgated in accordance with R.S. 51.1 et seq.