(a) “Economy size” means any printed matter consisting of the words “economy size”, “economy pack”, “budget pack”, “bargain size”, “value size”, or words of similar import placed upon any package containing any consumer commodity or placed upon any label affixed or adjacent to such commodity, stating or representing directly or by implication that a retail sale price advantage is accorded the purchaser thereof by reason of the size of that package or the quantity of its contents.
(b) The packager or labeler of a consumer commodity may not have imprinted thereon an “economy size” representation unless:
(1) at the same time the same brand of the commodity is offered in at least 1 other packaged size or labeled form;
(2) only 1 packaged or labeled form of that brand of commodity labeled with an “economy size” representation is offered;
(3) the commodity labeled with an “economy size” representation is sold at a price per unit of weight, volume, measure, or count which is substantially reduced; i.e., at least 5%, from the actual price of all other packaged or labeled units of the same brand of that commodity offered simultaneously.
(c) No “economy size” package shall be made available in any circumstances where it is known that it will be used as an instrumentality for deception; e.g., where the retailer charges a price which does not pass on to the consumer the substantial reduction in cost per unit initially granted.
(d) The sponsor of an “economy size” package shall prepare and maintain invoices or other records showing compliance with subsection (b) of this section. The invoices or other records required by this section shall be open to inspection and shall be retained for 1 year.History: Rule 6-76, eff 19 Oct 76, § 75.