16 CFR Part 424 Retail Food Store Advertising and Marketing Practices Rule, Project No. P104203
I believe that there is a need to keep the unavailabiity rule, as this is a bases to keep many retail businesses from just promoting an advertised sale on certain products just to bring in consumers, instead of having the product available to the consumers they will just state sorry but we are sold out. I have seen this many of times where a store will advertise a sale on a certain item and when I went there they had none to offer, and no raincheck was given nor did they offer a compareable item. So not only did it waiste my time and gas used to drive there, i also did not get the product. So for me I beleive this rule should be kept and also should be amended even futher to include that if a product is a special buy for a advertised sale that the quanity they recieve needs to be available for that sale and not placed out for the consumers prior to the sale date, and if that item is sold prior to the sale date in any fashion and is not availiable at that price or quanity can not be replenshed then the sale price for that item needs to be offered on a comparable item no matter the price. I have seen many time when a merchandiser recieves products that are special buys and can not be reordered at that price or if even at all they place the items out as soon as they recieve them and then they sell thru their stock and when their fliers come out the item is stated in it with a subline that says special buy liminted quanity, but when you get there they are sold out and you can not recieve a raincheck as it was a special buy, where in fact they sold the item prior to the sale date of the flier and never had the item saved for the sale.