Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 7 - Rules for Advertising › Section 15 CSR 60-7.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general administers and
				  enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo
				  (1986). The attorney general may make rules necessary to the administration and
				  enforcement of the provisions of Chapter 407 and may define terms whether or
				  not used in the Act, insofar as the definitions are not inconsistent with the
				  Act. This rule defines certain terms used in the enforcement of the Act and in
				  rules, forms and orders made thereunder.
(1) Unless inconsistent with definitions
				provided in Chapter 407, RSMo and in these rules, the following terms and
				phrases shall mean:
(A) Advertisement
				(including the terms advertise and advertising) shall mean 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, including cable, 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;
(B) Bait offer shall mean an alluring but
				insincere offer to sell a product which the seller does not intend to-i) sell
				at all; ii) sell at the price which it offered the product; or iii) provide the
				product in a quantity to meet the reasonably expected public demand, unless the
				quantity is specifically stated as limited in the advertisement;
(C) Bait and switch scheme shall mean a plan
				to make alluring but insincere offers which the seller does not intend to sell
				when the purpose is to switch consumers from buying the advertised product to
				buying another product;
(D) Clear
				and conspicuous (including the terms clearly and conspicuously) shall mean that
				the statement, representation or term being disclosed is a size, color contrast
				or audibility and is so placed and presented as to be-i) readily noticeable and
				ii) reasonably understandable;
(E)
				Comparative price shall mean the price of a product to which a seller is
				comparing its current price in any advertisement;
(F) Date as applied to date on which a price
				comparison is stated in the advertisement in newspapers, catalogs or other
				printed publications shall mean either the date of publication or distribution
				or the date on which the completed advertising copy is submitted to the printer
				for final printing and publication, provided the submission date does not
				exceed twelve (12) weeks from the date of actual publication or
				distribution;
(G) Material shall
				mean that the representation or fact is likely to significantly influence the
				consumer's purchasing decision;
(H)
				Original price shall mean a former price which the seller first offered in
				connection with the product;
(I)
				Person shall mean an association, corporation, individual, institution, natural
				person, organization, partnership, trust or any other legal entity;
(J) Price comparison shall mean the direct
				comparison in any advertisement (expressed wholly or in part in dollars, cents,
				fractions or percentages) of a seller's current price for a product with any
				other price, whether or not the other price is actually stated in the
				advertisement;
(K) Product shall
				mean any personal property or services or other merchandise sold primarily for
				personal, family or household use and not for resale or for use or consumption
				in a trade or business. Product does not include any intangible merchandise
				sold by any bank, savings institution, trust company, mortgage company,
				insurance company or other financial institution;
(L) Regular price shall mean a seller's usual
				and customary price;
(M) Sale shall
				mean a reduction from the seller's former or future price of the product
				offered for a limited period of time, except for clearance or closeout
				situations in which the seller permanently reduces its price in order to remove
				the product from its inventory;
(N)
				Seller shall mean any person who offers, advertises or sells any product for
				sale, rental or lease in this state. Seller includes any officer, agent,
				employee, salesperson or representative of a seller; and
(O) Trade area shall mean the immediate
				geographic area within a one hundred (100) mile radius of any outlet of the
				seller and where the seller's advertisement is disseminated.