16 CFR Part 251 — Guide Concerning Use of the Word “Free” and Similar Representations

PART 251—GUIDE CONCERNING USE OF THE WORD “FREE” AND SIMILAR REPRESENTATIONS § 251.1 The guide. (a) General. (2) Because the purchasing public continually searches for the best buy, and regards the offer of “Free” merchandise or service to be a special bargain, all such offers must be made with extreme care so as to avoid any possibility that consumers will be misled or deceived. Representative of the language frequently used in such offers are “Free”, “Buy 1-Get 1 Free”, “2-for-1 Sale”, “50% off with purchase of Two”, “1¢ Sale”, etc. (Related representations that raise many of the same questions include “____ Cents-Off”, “Half-Price Sale”, “ 1/2 (b) Meaning of “Free”. (2) The term regular price, (c) Disclosure of conditions. (d) Supplier's responsibilities. (e) Resellers' participation in supplier's offers. (f) Introductory offers. (2) In such offers, no representation may be made that the price is for one item and that the other is “Free” unless the offeror expects, in good faith, to discontinue the offer after a limited time and to commence selling the product or service promoted, separately, at the same price at which it was promoted with a “Free” offer. (g) Negotiated sales. (h) Frequency of offers. (i) Similar terms. (38 Stat. 717, as amended; 15 U.S.C. 41-58) [36 FR 21517, Nov. 10, 1971]

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