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

Discounts and Promotions in Indiana

Indiana law prohibits discrimination in sales of alcoholic beverages by granting a price, discount, allowance, or service charge which is not available to all purchasers at the same time [1.1]. However, there are exceptions to this rule. For instance, a premises that operates at least two separate and distinct restaurants on the same premises may provide for a different schedule of prices in each restaurant if each restaurant conforms to all other laws and rules of the commission regarding pricing and price discrimination in its separate and distinct areas [1.1].

Regarding promotions and discounts, Indiana law allows beer wholesalers to offer a special discount price to a beer dealer or beer retailer for beer or flavored malt beverage, if the beer or flavored malt beverage is a brand or package the beer wholesaler has discontinued or will expire in not more than 20 days for packaged beer or packaged flavored malt beverage, and 10 days for draft beer or draft flavored malt beverage [1.1]. The special discount only applies to beer or flavored malt beverage that will expire and be subject to removal from retailer or dealer shelves in accordance with the primary source of supply’s coding data clearly identified on the container. Any beer or flavored malt beverage sold at a special discount price under this provision shall be accompanied by an invoice clearly designating, in addition to all other information required by law, all the following information: the date of delivery, the expiration date of each brand, package type, and quantity delivered, and the per unit price for each package [1.1].

Additionally, Indiana law prohibits suppliers from committing unfair, abusive, or deceptive acts, omissions, or practices in connection with a consumer transaction [4.2]. Such acts, omissions, or practices include both implicit and explicit misrepresentations.

In summary, Indiana law prohibits discrimination in sales of alcoholic beverages, but there are exceptions. Beer wholesalers may offer special discounts for beer or flavored malt beverage that will expire soon, subject to certain requirements. Suppliers are prohibited from committing unfair, abusive, or deceptive acts, omissions, or practices in connection with a consumer transaction.

Source(s):
Jurisdiction

Indiana