NAC598.220. “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.

     (Added to NAC by Dep’t of Commerce, eff. 10-29-93)