940 CMR 3.04
Deceptive Pricing
No claim or representation shall be made by any means which has the capacity or tendency
or effect of deceiving buyers or prospective buyers as to the value or the past, present, common
or usual price of a product, or as to any reduction in price of a product, or any saving relating to
a product. Savings or value claims utilized in connection with terms such as "originally,"
"formerly," "regularly," "usually," "comparable value," "list price" or other like terms,
expressions or representations must be based on facts provable by the claimant or advertiser.
(1) By his own records; or
(2) By reasonably substantial competitive sales in the trading area where such claims or
representations are made, under circumstances and conditions as represented or implied by the
claims or representations.