16 CFR § 424.2
Defenses
February 12, 2021
No violation of §424.1 shall be found if:
(a) The advertised products were ordered in adequate time for delivery in quantities sufficient to meet reasonably anticipated demand;
(b) The food retailer offers a “raincheck” for the advertised products;
(c) The food retailer offers at the advertised price or at a comparable price reduction a similar product that is at least comparable in value to the advertised product; or
(d) The food retailer offers other compensation at least equal to the advertised value.
[54 FR 35467, Aug. 28, 1989, as amended at 79 FR 70056, Nov. 25, 2014]