16 CFR § 424.2 - Defenses.
---
identifier: "/us/cfr/t16/s424.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "16 CFR § 424.2 - Defenses."
title_number: 16
title_name: "Commercial Practices"
section_number: "424.2"
section_name: "Defenses."
chapter_name: "FEDERAL TRADE COMMISSION"
subchapter_number: "D"
subchapter_name: "TRADE REGULATION RULES"
part_number: "424"
part_name: "RETAIL FOOD STORE ADVERTISING AND MARKETING PRACTICES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 41-58."
cfr_part: "424"
---
# 424.2 Defenses.
No violation of § 424.1 shall be found if:
(a) The advertised products were ordered in adequate time for delivery in quantities sufficient to meet reasonably anticipated demand;
(b) The food retailer offers a “raincheck” for the advertised products;
(c) The food retailer offers at the advertised price or at a comparable price reduction a similar product that is at least comparable in value to the advertised product; or
(d) The food retailer offers other compensation at least equal to the advertised value.
[54 FR 35467, Aug. 28, 1989, as amended at 79 FR 70056, Nov. 25, 2014]