Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I offer discounts or promotions without violating pricing laws in Delaware? What are the requirements?

Here is your updated response based on the additional context:

Discounts and Promotions in Delaware

Delaware law does not prohibit offering discounts or promotions. However, any advertisement of a home food service plan which discloses item pricing information shall set forth in a clear and conspicuous manner whether there are any service charges or other additional costs associated with the purchase of the home food service plan [1.1].

Requirements

If you are offering discounts or promotions, you must ensure that your advertisement is not deceptive. Any violation of the Delaware Deceptive Trade Practices Act constitutes a deceptive trade practice under subchapter III of Chapter 25 of this title [4.2]. Additionally, if you are a transient retailer seeking to transact business in Delaware, you must include your complete name in a form easily comprehensible to the reader, listener, or viewer of your advertisement [4.4].

If you are selling wine or beer directly to Delaware residents, you must comply with the requirements outlined in 4 DECO 526. These requirements include obtaining a direct shipper license, paying taxes on all wine and beer sold to residents in the state, and delivering the wine and beer by common carrier to a Delaware wholesaler [3.1].

If you are an unused property merchant, you are prohibited from offering for sale or knowingly permitting the sale of baby food, infant formula, cosmetics, or any nonprescription drug or medical device [4.3]. However, there are exceptions to this rule, such as the sale of new and unused property claimed to be the personal possession of the unused property merchant which had been intended for the merchant’s personal use [4.5].

Filing of Price Schedules

If you are a manufacturer or distillery offering for sale in Delaware alcoholic liquors other than beer or wine, you must file a verified schedule containing specific information about each item you are offering for sale, including the bottle and case price to the Delaware wholesaler or importer, which prices in each such instance shall be individual for each item and not in combination with any other item, and the discount given for quantity or time of payment, if any [2.1].

Conclusion

In summary, Delaware law does not prohibit offering discounts or promotions. However, you must ensure that your advertisement is not deceptive and comply with any relevant requirements, such as those outlined in 4 DECO 526 for the direct sale of wine and beer to Delaware residents and the filing of price schedules for manufacturers and distilleries offering for sale in Delaware alcoholic liquors other than beer or wine.

Source(s):
Jurisdiction

Delaware