Evidence Of Advertised Value Or Bargain Required

Any seller who makes a comparison price advertisement or other savings claim must retain any and all documents evidencing the basis for the comparison or other savings claim for a period of at least two years after the last date on which the advertisement was made. It is an unfair or deceptive practice for any seller who advertises using a reference or comparison price, or other savings claim, to fail to retain any and all documents evidencing the basis for the comparison claim or other savings claim for a period of not less than two years after the last date on which the claim is made. [7/15/98; 12.2.7.17 NMAC - Rn, 1 NMAC 2.7.17, 02/14/08] 12.2.7.18 USE OF THE TERM “WHOLESALE”: It is an unfair and deceptive practice to advertise the phrase “wholesale to the public,” or any similar term or phrase or to otherwise state or imply that the public is able to buy merchandise at “wholesale” prices, unless the seller is, in fact, a wholesaler, and unless the seller sells to the general public at exactly the same prices as he or she sells to retailers who are buying merchandise intended for resale to the public at a higher retail price.