False advertising or not... EDIT: Link to some advertising laws related to sales

[DrPizza]

Question: if a package contains two items and say clearly on the outside "buy 1, get one free. Two for the price of one." Is it legal for the store to sell that package for more than the price of one? (NY, if it's by state)
Anyone know?

For me, specifically, packs of cans of dogfood say "18 for the price of 15, buy 15, get 3 free" on the outside of the package. Price is $7.22 But, individual cans of the same size are 47 cents. 47*15 = $7.05
This is at Walmart. They have signs on their registers proclaiming $3 off on pricing errors.... IS THIS AN ERROR??

EDIT: I found this site that lists a bunch of Federal Trade Commission rules/laws. Buy one, get one free is in there, as well as other practices.... if you look, you can probably find the rest of the document. This only shows pages 168 and 169, which pertain most to my situtation.

 

[Schadenfreude]

Originally posted by: DrPizza
Question: if a package contains two items and say clearly on the outside "buy 1, get one free. Two for the price of one." Is it legal for the store to sell that package for more than the price of one? (NY, if it's by state)
Anyone know?

For me, specifically, packs of cans of dogfood say "18 for the price of 15, buy 15, get 3 free" on the outside of the package. Price is $7.22 But, individual cans of the same size are 47 cents. 47*15 = $7.05
This is at Walmart. They have signs on their registers proclaiming $3 off on pricing errors.... IS THIS AN ERROR??

Not an error. The knowingly priced the items that way.

EDIT: clothes?! WTF?!

 

[spaceman]

Originally posted by: DrPizza
Question: if a package contains two items and say clearly on the outside "buy 1, get one free. Two for the price of one." Is it legal for the store to sell that package for more than the price of one? (NY, if it's by state)
Anyone know?

For me, specifically, packs of cans of dogfood say "18 for the price of 15, buy 15, get 3 free" on the outside of the package. Price is $7.22 But, individual cans of the same size are 47 cents. 47*15 = $7.05
This is at Walmart. They have signs on their registers proclaiming $3 off on pricing errors.... IS THIS AN ERROR??

this, over 17 cents?

 

[EyeMWing]

Sales tax. Duh.

 

[RU482]

Originally posted by: EyeMWing
Sales tax. Duh.

I wish $0.17 was all sales tax amounted to on $7.05

 

[dman]

Depends on how the manuf packaged them, but, generally they individual ones should add up to the packaged ones price of 15. Complain to mgmt and they should agree with you. Or shop elsewhere.

 

[dman]

Originally posted by: redly1

Originally posted by: EyeMWing
Sales tax. Duh.

I wish $0.17 was all sales tax amounted to on $7.05

Hmm, it's possible they are charging sales tax on the 3 free items -- if the math works out. But the three cans at .47ea, and .17cents sales tax is 12+%, so it doesn't sound right. Plus is there really sales tax on dog food?

 

[DrPizza]

Originally posted by: ncircle

Originally posted by: DrPizza
Question: if a package contains two items and say clearly on the outside "buy 1, get one free. Two for the price of one." Is it legal for the store to sell that package for more than the price of one? (NY, if it's by state)
Anyone know?

For me, specifically, packs of cans of dogfood say "18 for the price of 15, buy 15, get 3 free" on the outside of the package. Price is $7.22 But, individual cans of the same size are 47 cents. 47*15 = $7.05
This is at Walmart. They have signs on their registers proclaiming $3 off on pricing errors.... IS THIS AN ERROR??

this, over 17 cents?

No, I'm wondering if this is a pricing error that results in my saving $3.17 according to their policies. (almost 1/2 off something that I buy 2 of each week. ) Plus, it pisses me off when stores use deceptive advertising. For example, "save $1.25 off the regular price" means "save 50 cents, we jacked the price up 75 cents this week to make it look like you're saving more"

 

[DrPizza]

yes, in NY there is sales tax on dog food. There's sales tax on bottled water too!! 1. I find it hard to believe the price people pay for drinking water. 2. I find it even harder to believe that it's a taxable item!

 

[dullard]

First I'd like to say that it may refer to what the dog food company charged Walmart. They may have charged Walmart the 15 times the price of a single dog food can. Of course Walmart doesn't have to follow through and pass the savings on to you. That puts the dog food company out of blame - and puts the blame solely on Walmart.

Now to win a false advertising claim you must sue Walmart and prove these in court:
1) There is a false or misleading statement of fact about a product.
I guess the statement on the package is misleading since it isn't quite 3 free (it was 2.6 cans free), so you have proof of that.
2) Such a statement either deceives of had the capacity to deceive a substantial segment of potential consumers.
#2 is always hard to prove. If you gave a substantial segment of potential consumers the items, the prices, and a calculator would a substantial segment be deceived? I guess the only way to know for sure is to set up a study and find out how many spot the error.
3) The deception is material, in that it is likely to influence the consumer's purchasing decision.
This again is hard to prove. Does the fact that you only got 2.6 free instead of 3.0 free affect the consumer's decision? To prove this you need to take 100 people and gave them the choice: 15 single cans at $7.05 or 18 cans at $7.22 and see what percent choose the 18 cans. Now repeat with another 100 people and give them the choice: 15 single cans at $7.05 or 18 cans at $7.05 and see what percent choose the 18 cans. If the two groups differ significantly then you have proven #3. In my opinion though the two groups will likely not vary significantly.
4) The product is in interstate commerce.
That should be easy to answer. Does Walmart sell that same dog food at the same deceiving price in more than one state?
5) The plaintiff has been or likely will be significantly injured as a result of the statement at issue.
#5 is going to be a tough one to prove. Do you have proof that the 17 cents significantly injured you financially? I'm not sure you'd get that past a judge or jury.

 

[dullard]

Originally posted by: DrPizza

For example, "save $1.25 off the regular price" means "save 50 cents, we jacked the price up 75 cents this week to make it look like you're saving more"

That there is highly illegal and the store can be fined significantly for such behavior. There are laws stating that you cannot jack up the price within a certain number of weeks before a sale like that. It isn't in the false advertising law, but someone ought to be able to point you in the correct direction.

 

[prvteye2003]

Originally posted by: dman

Originally posted by: redly1

Originally posted by: EyeMWing
Sales tax. Duh.

I wish $0.17 was all sales tax amounted to on $7.05

Hmm, it's possible they are charging sales tax on the 3 free items -- if the math works out. But the three cans at .47ea, and .17cents sales tax is 12+%, so it doesn't sound right. Plus is there really sales tax on dog food?

you guys have 12% sales tax? Damn, only 8.25% here in TX

 

[Zee]

they do that for cigarettes too. buy 1 get one free is more expensive for the pack you buy then if i bought just one pack

 

[DrPizza]

Whooohooo! Thank you Federal Trade Commission.... I finally found a good link.

Link

Specifically, the info I'm looking for is at the end of the first page and beginning of the 2nd page....

However, this link applies to many deceptive advertising practices...

 

[Flyermax2k3]

Originally posted by: prvteye2003

Originally posted by: dman

Originally posted by: redly1

Originally posted by: EyeMWing
Sales tax. Duh.

I wish $0.17 was all sales tax amounted to on $7.05

Hmm, it's possible they are charging sales tax on the 3 free items -- if the math works out. But the three cans at .47ea, and .17cents sales tax is 12+%, so it doesn't sound right. Plus is there really sales tax on dog food?

you guys have 12% sales tax? Damn, only 8.25% here in TX

"only"? I thought the 6.5% sales tax in MN was bad.... I was shocked when I moved to OK and found it to be almost 8% (and now there's going to be a raise to something like 9%)

 

[dullard]

Originally posted by: DrPizza
Whooohooo! Thank you Federal Trade Commission.... I finally found a good link.
Link
Specifically, the info I'm looking for is at the end of the first page and beginning of the 2nd page....
However, this link applies to many deceptive advertising practices...

Yes that link proves #1 of your claim on my list above. Now proceed on to #2-#5 on my list.

 

[DrPizza]

I'm not worried about a false advertising claim. As long as I can show that the price is wrong, then it's a pricing mistake on their part. And, they advertise at the registers that if there is a pricing error, you get $3.00 off the cost.

 

[RagingBITCH]

Originally posted by: DrPizza
I'm not worried about a false advertising claim. As long as I can show that the price is wrong, then it's a pricing mistake on their part. And, they advertise at the registers that if there is a pricing error, you get $3.00 off the cost.

Having worked retail for too many damn years, price mistakes = price on the sign != price at the register. That's what is defined as a pricing mistake, at least to my knowledge. If the sign was $5.99 and it rings up $6.99, you should get $3 off the $5.99.

And since it's a package/bulk pack of items, it's priced per unit, as in bulk pack, not the price of each individual can of dog food.