16 CFR § 238.0 - Bait advertising defined.

---
identifier: "/us/cfr/t16/s238.0"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "16 CFR § 238.0 - Bait advertising defined."
title_number: 16
title_name: "Commercial Practices"
section_number: "238.0"
section_name: "Bait advertising defined."
chapter_name: "FEDERAL TRADE COMMISSION"
subchapter_number: "B"
subchapter_name: "GUIDES AND TRADE PRACTICE RULES"
part_number: "238"
part_name: "GUIDES AGAINST BAIT ADVERTISING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 5, 6, 38 Stat. 719, as amended, 721; 15 U.S.C. 45, 46."
regulatory_source: "32 FR 15540, Nov. 8, 1967, unless otherwise noted."
cfr_part: "238"
---


# 238.0 Bait advertising defined.

<sup>1</sup> For the purpose of this part “advertising” includes any form of public notice however disseminated or utilized.

Bait advertising is an alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised merchandise, in order to sell something else, usually at a higher price or on a basis more advantageous to the advertiser. The primary aim of a bait advertisement is to obtain leads as to persons interested in buying merchandise of the type so advertised.