“Assertion of price” defined.

“Assertion of price” means any declaration, statement, word, symbol or other representation which: 1. Is made by or on behalf of a person who offers for sale any product in the marketplace; 2. Is intended to influence a choice by a buyer or consumer; and 3. Makes reference to a comparison of prices between the seller and a competitor based on a survey of the prices of the products of the seller and the prices of the products of a particular competitor specified in the advertisement and states or infers: (a) That a category of products or a combination of products offered by the seller is less expensive overall than the products of the competitor; and (b) That the results obtained from the survey of prices of products included in the sample used in the survey is representative of products not included in the survey.