                                 CODE OF VIRGINIA

ADVERTISING FORMER PRICE OF GOODS OR SERVICES (§ 59.1-207.41)

No supplier shall in any manner knowingly advertise a former price of any goods
or services unless:

1. Such former price is the price at or above which substantial sales were made
in the recent regular course of business; or

2. Such former price was the price at which such goods or services or goods or
services of substantially the same kind, quality, or quantity and with
substantially the same service were openly and actively offered for sale for a
reasonably substantial period of time in the recent regular course of business
honestly, in good faith and not for the purpose of establishing a fictitious
higher price on which a deceptive comparison might be based; or

3. Such former price is based on a markup that does not exceed the
supplier&#8217;s cost plus the usual and customary markup used by the supplier
in the actual sale of such goods or services or goods or services of
substantially the same kind, quality, or quantity and with substantially the
same service, in the recent regular course of business; or

4. The date on which substantial sales were made, or the goods or services were
openly and actively offered for sale for a reasonably substantial period of time
at the former price is advertised in a clear and conspicuous manner.

HISTORY: 1992, c. 768.