Section 470.260  Comparison to Other Sellers' Price for Identical Product

It is an unfair or deceptive act for a seller to compare his price with a price currently being offered by another seller for an identical product (for example:  "Sold elsewhere for $99, our price $69") unless the stated higher comparative price is at or below the price at which the identical product is currently being offered in the seller's trade area by:

a)         a reasonable number of other sellers in the same trade area; or

b)         another seller(s) is specifically identified in the advertisement.