Bait Offers and Availability of Advertised Merchandise

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— (A) Make bait offers; or (B) Advertise any product unless the seller has that product in stock or available for sale in sufficient quantities to meet reasonably anticipated customer demand during the effective period of the advertisement, unless— 1. The seller clearly discloses in its advertisement that quantities are limited or the restrictions apply to the advertised offer; 2. The seller ordered the advertised product in a timely manner and in sufficient quantities to meet reasonably expected demand, but conditions beyond a seller’s control prevented it from having the product in stock during the selling period and the seller was unable to cancel or amend the advertisement; or 3. In connection with an advertisement, sale or offering for sale by retail food stores of food or grocery products, the seller offers— A. A raincheck entitling prospective purchasers to purchase the advertised product at the advertised price and the seller actually has the product available within a reasonable time; or B. At the advertised price or at a comparable price reduction a similar product that is at least comparable in value to the advertised product. AUTHORITY: sections 407.020, 407.145 and 570.170, RSMo 1986.* Original rule filed June 25, 1990, effective Nov. 30, 1990. *Original authority: 407.020, RSMo 1967, amended 1973, 1985, 1986; 407.145, RSMo 1986; and 570.170, RSMo 1977.