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ARTICLE · 01 OCTOBER 2025

NAD Reviews Strikethrough Pricing As Class Action Risks Mount

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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It is rare for the National Advertising Division (NAD) to review strikethrough pricing, but its recent decision in Renpho US (Renpho Elis 1 Smart Scale) shows that reference pricing is now on NAD's radar...

United StatesMedia, Telecoms, IT, Entertainment

It is rare for the National Advertising Division (NAD) to review strikethrough pricing, but its recent decision in Renpho US (Renpho Elis 1 Smart Scale) shows that reference pricing is now on NAD's radar at the same time it continues to dominate consumer class actions. That combination makes this an area advertisers cannot afford to ignore.

Etekcity, a competitor in the home appliance market, challenged Renpho's advertising for its Elis 1 Smart Scale. Renpho promoted the product online with strikethrough "list" prices ranging from $34.99 to $44.99 alongside "sale" prices as low as $19.99. Ads also featured language such as "Limited Time Deal." Etekcity presented data collected from Renpho's own website, Amazon, and Walmart showing that the product almost never sold at the higher "list" prices, that over a 16-month period the actual selling price was consistently between $19.99 and $25.99, and that the $19.99 "limited time" deal recurred frequently and

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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