Definitions

All words used in this chapter which are defined in North Dakota Century Code chapter 51-15 have the meanings given in that chapter. As used in this chapter: 1. "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. 2. "Clearly and conspicuously" means that the statement, representation, or term 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. 3. "Comparable merchandise" means 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. 4. "Comparative price" means the price or other description of value of merchandise to which a seller compares its current price in any advertisement. 5. "List price" means 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". 6. "Price comparison" means 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. 7. "Seller" means any person who offers any merchandise for sale at any location and who disseminates advertisements for that product in North Dakota. Seller may include any officer, agent, employee, sales person, or representative of the seller, and any advertising agency employed by a seller. 8. "Trade area" means the geographic area where the seller's outlets are located or where the seller's advertisements are disseminated.