Advertising and Promotion

RCNY tit. 6, ch. 5, subch. A, pt. 2

in effect

6 RCNY § 5-06 The Word "Free" and Similar Representations.

§ 5-06 The Word "Free" and Similar Representations. (a) Scope. This section governs the use of the words "free," "gift," "given without charge," "bonus," "1¢ additional," and any other terms which imply that an item, as defined in 6 RCNY § 5-01, is free or offered at a nominal cost in the sale or offering for sale of any consumer goods or services. It governs signs inside stores, storefront advertising, handbills and all other types of written advertisement, but not advertising on packages placed thereon by a person or entity other than the retailer. In this section, the word "free" refers to any word or phrase of similar meaning. A "free offer" is an offer involving the use of any such word or phrase. (b) Disclosure of conditions on free offers. A seller who imposes a condition on a free offer must describe the condition clearly and conspicuously. The description of every condition on a free offer must be placed near the word "free." An asterisk or other symbol near the word "free," which refers the customer to a footnote containing conditions, does not satisfy this section. This condition must be in print at least half as large as the print used for the word "free." (c) Free offers conditioned upon another purchase. (1) The "regular price" is the price at which an item has been actively and openly sold by the seller for a substantial period of time in the recent past. (2) A seller who makes a free offer contingent upon another purchase may not: (i) charge more than the regular price for the item; or (ii) reduce the item's quantity or quality; or (iii) continuously make such offer or repeat it so frequently that the two items are being sold in combination at one price; or (iv) make such offer in connection with the sale of an item that is usually sold at a price negotiated with consumers. (d) Combination offers. This section permits non-deceptive "combination" offers, in which two or more items (for example, toothpaste and a toothbrush) are offered for sale as a single unit at a single stated price.

6 RCNY § 5-07 Number Size in Advertised Prices.

§ 5-07 Number Size in Advertised Prices. (a) Sellers who advertise a price over one dollar must state the number of cents in figures at least one-half as tall and broad as the figures used to state the number of dollars. (b) This section does not apply when the advertised price is stated in whole dollar amounts. For example, if the price is $6.00, the zeros may be less than half the size of the six.

6 RCNY § 5-08 Sales Promotions.

§ 5-08 Sales Promotions. Sellers must comply with the provisions of § 369-ee of the New York State General Business Law ("Prize award schemes").

6 RCNY § 5-09 Limitations on Offers.

§ 5-09 Limitations on Offers. (a) Sellers offering consumer goods or services in print advertising and promotional literature must disclose clearly and conspicuously all material exclusions, reservations, limitations, modifications or conditions. A disclosure made in print at least one-third as large as the largest print used in the advertisement or promotional literature satisfies this section. Examples: If the following facts are true, they must be disclosed: (1) In an advertisement for an item sold from more than one location: (i) locations which do not have certain items mentioned and (ii) locations which charge rates higher than those mentioned in the advertisement. Where such locations are not known and cannot be reasonably ascertained, a seller must include the following statement in the advertisement: "Not available at all locations." The seller shall also include a statement in the advertisement that indicates how a consumer may obtain information about the availability of an item at a specific location such as: "Check with your local store for availability." (2) That advertised prices are available only during certain days or times. (3) That advertised prices are available only if complete sets are purchased. (4) That minimum or maximum amounts must be purchased for advertised prices to apply. (5) That there are trade-in requirements. (6) That there are additional charges for delivery or for mail orders. (b) Offers in radio or television advertising must include oral statements of any material exclusions, limitations, modifications or conditions. (c) This section does not apply when another law or regulation specifically provides a different rule for the disclosure of exclusions, reservations, limitations, modifications or conditions.

6 RCNY § 5-10 Deceptive Classified Ads.

§ 5-10 Deceptive Classified Ads. (a) Dealers, brokers, or business entities advertising in the classified section of a newspaper, magazine or other printed media must disclose that they are businesses. (b) An advertiser can disclose that it is a business by use of the word "dealer," "broker," or other similar terms. (c) Examples: A dealer's classified ad which reads: "Dodge '68 $795, Call OF7-1452" would not satisfy the requirements of this Regulation because it does not disclose that the advertiser is a business. A classified ad which reads: "3 room apt., $160, call Acme Rental, Inc." sufficiently discloses that the advertiser is a business.

6 RCNY § 5-11 Limited Editions.

§ 5-11 Limited Editions. (a) Items offered for sale to consumers may not be described as limited unless their edition, printing, minting, crafting, or production is restricted to either: (1) A predetermined maximum quantity; or (2) The actual quantity ordered or subscribed to within a specified, reasonably short time. All terms that indicate that production of a product is limited are covered by this section. (b) Any claim that a product is limited must state the maximum quantity or the specific time period or date by which the product must be ordered. This statement must be made clearly and conspicuously and close to the claim or limitation.

6 RCNY § 5-12 Prices in Multi-Product and Multi-Service Advertisements.

§ 5-12 Prices in Multi-Product and Multi-Service Advertisements. (a) In any advertisement for two or more similar items or services, when a range of prices is stated, or the existence of a range is implied, the highest price must be stated in figures at least as tall and broad as the figures in the lowest price stated. The existence of a range is implied where words such as, but not limited to, "from," "as low as," "beginning at," "starting at," or "______ and up" are used in an advertisement. This subdivision (a) applies even where an advertisement discloses the price of all items and services. (b) Any prices stated must relate to specific items or services. (c) If the price of items or services is unascertainable, any price or prices stated must include the average price for which the goods or services were sold by the advertiser during the previous year or selling season. Such a price must be described as the "average price."

6 RCNY § 5-13 Advertisements Claiming to Boost the Immune System.

§ 5-13 Advertisements Claiming to Boost the Immune System. (a) It is a deceptive trade practice to make a claim or to imply in an advertisement that the use of a product or treatment will boost, enhance, stimulate, assist, cure, strengthen or improve the body's immune system unless such advertisement discloses either: (1) the effect of the treatment or use of the product on an HIV-positive person or a person with AIDS (Acquired Immune Deficiency Syndrome) or; (2) that use of the products or treatment has not been proven to prevent primary infection with HIV, nor is to be a cure for AIDS, nor to extend the life or improve the health of an HIV-positive person or a person infected with AIDS. (b) Any claimed effects of the treatment or use of the product on an HIV-positive person or a person with AIDS in an advertisement shall be deemed a deceptive practice unless such claims are capable of being substantiated by scientific documentation including, but not limited to, medical clinical trials, small scale and informal clinical trials, compilations of clinical data from patients or other clinical information. Such documentation must support any claimed effects of the treatment or use of the product on an HIV-positive person or a person with AIDS. All documentation must be made available at the request of a consumer. (c) All disclosures and words of limitation or qualification as required by this section shall be written or printed in letters at least one third as high and one third as broad as the largest words or numbers appearing in the advertisement, but in no event in less than ten point type./n radio announcements, the disclosure or words of limitation or qualification shall be clearly spoken, and in television announcements they shall be part of the audio track and not merely part of the picture.

6 RCNY § 5-14 Certifications.

§ 5-14 Certifications. (a) It shall be a deceptive trade practice for a seller to represent a good or service as “certified” or “certified pre-owned” unless (1) such certification is based upon specific criteria established by an entity other than the seller; (2) the entity that established such criteria is clearly and conspicuously disclosed; (3) the seller is authorized by said entity to offer for sale such “certified” or “certified pre-owned” goods or services; (4) the certification criteria, as well as confirmation the good or service has met such criteria, are provided to the buyer prior to sale; and (5) the good or service satisfies the certification criteria. (b) It shall be a deceptive trade practice for a seller to represent a good as manufacturer certified, unless, in addition to the requirements of subdivision (a) of this section, such certification is based upon specific criteria established by the manufacturer, and the seller is authorized by the manufacturer to offer for sale such manufacturer certified. (c) It shall be a deceptive trade practice for a second-hand automobile dealer to make any representation that has the tendency or effect of misleading a consumer to believe that certification of a second-hand automobile pursuant to section 417 of the New York Vehicle and Traffic Law confers any sponsorship, approval, certification, accessories, characteristics, approval, or status other than meeting the minimum standards required by sections 417 and 419-a of the New York Vehicle and Traffic Law. (Added City Record 3/19/2024, eff. 4/18/2024)

6 RCNY § 5-15 Hotel Fee Disclosures.

§ 5-15 Hotel Fee Disclosures. (a) Definitions. Hotel. “Hotel” means a building or part of a building which is legally authorized to have guests occupy guest rooms. Person. “Person” has the same meaning as set forth in § 20-102 of the Administrative Code. Total price. “Total price” means the maximum total of all charges and fees that a consumer must pay, inclusive of any mandatory fees and charges, except taxes and fees imposed by a government, which may be excluded. (b) Applicability. This section applies to any person who offers, displays or advertises the price of a stay in a hotel in New York City, and any person who offers, displays or advertises the price of a stay in a hotel to a New York City consumer. (c) It is a deceptive trade practice for any person to offer, display or advertise the price of a stay in a hotel without disclosing the total price in a clear and conspicuous manner. Any such offer, display, or advertisement must disclose the total price more prominently than any other pricing information, and must not mispresent the nature, purpose, amount or refundability of any fees or charges, or the identity of the good or service for which the charge or fee is imposed. (d) Any person who offers, displays or advertises the price of a stay in a hotel must disclose the following items clearly and conspicuously, before a consumer consents to pay. This requirement applies from the point at which a consumer can reserve the hotel stay, regardless of whether they put down a deposit to secure a reservation in such hotel, through the point at which the consumer checks out of the hotel: (1) The nature, purpose, and amount of any fee or charge imposed on the transaction that has been excluded from the advertised total price, and the identity of the good or service for which the fee or charge is or will be imposed; (2) The final amount the consumer must pay for the transaction, which must be disclosed more prominently than, or as prominently as, the total price; and (3) A disclosure regarding the general policy for deposits taken or holds placed on a credit or debit card in connection with the stay at such hotel, the standard amount of such deposits or holds, any reasons the hotel may keep part or all of a deposit or hold, and the approximate time by which such holds or deposits are generally released or refunded. (Added City Record 1/22/2026, eff. 2/21/2026 and 1/22/2027*) * Editor's note: Pursuant to Section 3 of the rule, paragraph (d)(3) is effective on January 22, 2027.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-18851Fetched: 10/24/2026