NDAC 10-15-01-08
Bargain offers based on the purchase of other merchandise and use of the word free
Cite as N.D. Admin. Code ยง 10-15-01-08
It is a deceptive act or practice to use the word free, or words of similar meaning, or to represent
bargain offers, including "buy one - get one free", "buy one - get one at half-price", "two for one", and
"one cent sale", when describing merchandise to be given to a customer who purchases other
merchandise, if the seller recovers, in whole or in part, the cost of the free or bargain merchandise by
marking up the price of the item which must be purchased, by substituting an inferior item or service, or
otherwise. It is a deceptive act or practice to represent that other merchandise is being offered free or
at a bargain price with the sale if the advertised merchandise can be purchased from the advertiser at a
lesser price without the free or bargain merchandise, particularly if the merchandise is usually sold at a
price arrived at through bargaining.