Illinois Administrative Code › Title 14 - COMMERCE › Part 470 - RETAIL ADVERTISING › Subpart A - GENERAL PROVISIONS › Section 470.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as hereinafter stated and unless a different meaning
				  of a term is clear from its context, the definitions of terms used in this Part
				  shall be the same as those used in the Consumer Fraud and Deceptive Business
				  Practices Act (Ill. Rev. Stat. 1987, ch. 1211/2, par. 261 et seq.).
"Advertisement" (including the terms "advertise" and
				  "advertising"), as defined in Section 1 of the Act, means any oral, written,
				  graphic, or pictorial statement made by a seller in any manner in the course of
				  the solicitation of business. Advertisement includes, without limitation, any
				  statement or representation made in a newspaper, magazine, or other publication
				  or on radio or television or contained in any notice, handbill, sign,
				  billboard, banner, poster, display, circular, pamphlet, or letter, or printed
				  on or contained in any tag or label which is attached to or accompanies any
				  product offered for sale.
"Clear and conspicuous" (including the terms "clearly and
				  conspicuously") means that the statement, representation or term being
				  disclosed is in such size, color contrast, or audibility and is so placed and
				  presented as to be: in close proximity to the information it modifies, readily
				  noticeable, and reasonably understandable by the person or persons to whom it
				  is being disclosed.
"Comparative price" means the price or value of a product to
				  which a seller is comparing its current price in any advertisement.
"List price or manufacturer's suggested retail price" means
				  the prices issued to retailers by national brand manufacturers as a suggested
				  retail price for the manufacturer's product.
"Person" means any association, corporation, individual,
				  institution, natural person, organization, partnership, trust or any other
				  legal entity.
"Price comparison" means the direct or indirect 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 a product
				  with any other price or statement of value, whether or not such price is
				  actually stated in the advertisement. Price comparison includes any price
				  reduction claim or savings claim which a seller makes with respect to the
				  seller's current price for any product.
"Product" means any and all goods, whether tangible or
				  intangible, real, personal or mixed and any and all services or franchise or
				  distribution system of any nature.
"Seller" means any person who offers any product for retail
				  sale, rental or lease at any location and disseminates advertisements for that
				  product in Illinois. Seller may include any officer, agent, employee,
				  salesperson, or representative of a seller and any advertising agency employed
				  by a seller.
"Trade area" means the geographic area where the seller's
				  outlets are located and where the seller's advertisements are
				  disseminated.