Reasonable Basis for Performance Claims

PURPOSE: The attorney general administers and enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo (1986). This rule specifies acts and practices that are deemed to be violative of section 407.020, RSMo (1986). (1) A seller shall not make a claim with respect to a product’s performance in an advertisement unless the seller has in its possession information sufficient to form a reasonable belief that the claim, in fact, is true. A seller may rely on reasonable performance claims supplied by the manufacturer or supplier of the product. AUTHORITY: sections 407.020 and 407.145, RSMo 1986. Original rule filed June 25, 1990, effective Nov. 30, 1990. *Original authority: 407.020, RSMo 1967, amended 1973, 1985, 1986 and 407.145, RSMo 1986.