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Bill

S 4110

Makes advertised discount by use of fictitious former price of merchandise or services unlawful practice under consumer fraud act.

2026-2027 Regular Session Introduced by Raj Mukherji

The bill bans advertising discounts tied to fictitious former prices, requiring only bona fide prior prices and strengthening CFA protections for consumers.

Introduced in the Senate, Referred to Senate Commerce Committee
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WeVote Research Nonpartisan
Bill Summary · S 4110

Summary of Bill S.4110 (Session 222) – New Jersey

Title

Makes advertised discount by use of fictitious former price of merchandise or services unlawful practice under consumer fraud act.

Purpose and intent

  • The bill targets deceptive advertising practices in which a seller promotes a discount or sale by citing a former price that is fictitious or not actually charged by the retailer.
  • The core aim is to strengthen consumer protections under New Jersey’s Consumer Fraud Act (CFA) by closing loopholes used to mislead shoppers about discounts.

Key provisions and changes

  • Prohibition: It would prohibit advertising a discount based on a “former price” that is not a bona fide previous price actually charged by the seller.
  • Scope of prohibited conduct: Applies to advertisements for merchandise or services where the discount is justified by reference to a supposed higher prior price that did not exist or was not actually charged.
  • CFA enforcement: Carries out within the framework of the New Jersey Consumer Fraud Act, allowing the state and/or consumers to pursue remedies for violations.
  • Remedies and penalties (standard CFA tools): While the bill text provided does not specify unique penalties, it would enable enforcement under CFA remedies, including civil penalties, consumer restitution, disgorgement of profits, and injunctive relief. These are typical CFA responses to deceptive practices.
  • Definitions: The bill would rely on CFA definitions for terms such as “unlawful practice,” “unconscionable business practice,” and “misrepresentation,” applying them to the context of advertised discounts.

Who is affected

  • Retailers and businesses engaged in advertising and sale of merchandise or services in New Jersey.
  • Consumers who rely on advertised discounts and savings.
  • Advertising and marketing departments within businesses, which must verify price history and ensure accuracy of former prices used in promotions.
  • Potentially marketplace platforms and online retailers operating in New Jersey, if they advertise price discounts to New Jersey consumers.

Procedural and timeline aspects

  • Introduction status: Introduced in the New Jersey Senate.
  • Referral: Referred to the Senate Commerce Committee for consideration and factual vetting.
  • Sponsorship: Co-sponsored by Senator Raj Mukherji (with primary sponsor not listed in the provided text).
  • Next steps: If advanced by the committee, the bill would proceed to the Senate floor for debate and vote, and, if passed, would move to the Assembly for consideration, and ultimately to the governor for signature or veto. Timelines depend on committee action and legislative scheduling.

Practical impact

  • Businesses would need to ensure that any “former price” used in advertising is a bona fide, actual price charged in the relevant timeframe and compliant with CFA standards.
  • The bill aims to reduce deceptive price advertising and increase accountability for promotional claims.
  • Consumers would gain strengthened protection against misleading discounts and clearer assurances that advertised savings reflect real prior prices.

If you’d like, I can tailor this summary to a specific audience (e.g., business owners, consumer advocates) or add potential enforcement scenarios and examples of compliant vs. non-compliant advertising practices.

Compiled from official sources — confirm details with the bill’s official record.

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