Here’s a more complete copy of the questionable Linens n’ Things ad we wondered about yesterday. Click to expand.
According to the advertising regulations set forth under N.J.A.C. 13:45A-9.2, part 5, deems unlawful, “The use of any type, size, location, lighting, illustration, graphic depiction or color resulting in the obscuring of any material fact.”
Having an “Everything*” and then limits on “everything” seems, to our untrained minds, falls under this item’s reach.
For this to be true, the following assumptions must also be true:
1. Because Linens n’ Things headquarters is in NJ, its online ads are governed by NJ laws.
2. There are no further NJ laws specific to asterisks in advertising.
3. The limitation on “Everything” constitutes a “material fact,” that is, “A fact that would be important to a reasonable person in deciding whether to engage in a particular transaction.”
What do you think? Is this a valid complaint?
(Thanks to W. Dyer!)