Lancaster, CA asked in Consumer Law for California

Q: Is it legal, on the same product but with different sizes, to list price per oz. on one size and price per lb. on a

larger size?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: California law prohibits businesses from engaging in misleading or deceptive advertising and pricing practices. This includes listing prices in a way that obscures the true cost or makes it unreasonably difficult for consumers to understand and compare prices. Listing the price per ounce on one product size and per pound on another size for the same product could potentially be misleading if it obscures the true per unit cost or makes it overly complex for consumers to compare prices.

However, there are some circumstances where different pricing units may be reasonable, such as very different-sized packages where ounces or pounds are more appropriate. The key is that the pricing must not be presented in a deceptive or confusing manner.

So in summary - such differential pricing units may be allowed if presented clearly, accurately, and not in a deceptive fashion that hides the true product price from consumers. But the specifics would determine if it crosses the line into an unfair or misleading practice. Consulting a California consumer protection or advertising law attorney could help assess the legality of a specific case.

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