Legal Question in Consumer Law in Florida

retail price points - false advertising?

I work in a retail chain drugstore where the merchandise is all arranged in rows on shelfs, each row of items behind its own pricetag. If an individual item is inadvertently placed or pushed behind the wrong price tag, am I obligated to sell that individual item for that wrong price? I've been occasionally accused of ''false advertising'' when I explain to a customer that the item's placement was a mistake.


Asked on 3/18/07, 11:19 am

2 Answers from Attorneys
Johm Smith tom's

Re: retail price points - false advertising?

Shouldn't be a problem, especially if similar items are in the correct place as proof.

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Answered on 3/22/07, 8:41 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: retail price points - false advertising?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Absolutely not. Many times people put items in wrong locations. A merchant is not required to sell the item at a lower price that is out of place.

Scott R. Jay, Esq.

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Answered on 3/22/07, 10:59 pm


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