16 CFR § 238.2 - Initial offer.

---
identifier: "/us/cfr/t16/s238.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "16 CFR § 238.2 - Initial offer."
title_number: 16
title_name: "Commercial Practices"
section_number: "238.2"
section_name: "Initial offer."
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"
---


# 238.2 Initial offer.

(a) No statement or illustration should be used in any advertisement which creates a false impression of the grade, quality, make, value, currency of model, size, color, usability, or origin of the product offered, or which may otherwise misrepresent the product in such a manner that later, on disclosure of the true facts, the purchaser may be switched from the advertised product to another.

(b) Even though the true facts are subsequently made known to the buyer, the law is violated if the first contact or interview is secured by deception. [Guide 2]