I found something I wanted to buy on the shelf at my local health food store. The “manager” refused to sell it to me because she said they don’t normally stock that item and so she couldn’t price it. Now, under California law, stores must sell something for the labelled price, even if it’s a mistake. But this was in a gray area, I think, because it wasn’t precisely what was named on the label. It was the same company, and the same food product, but it was an organic version that they don’t actually stock. Should she have sold it to me for the marked price? Did she break the law by refusing to do so?
I’d say yeah, if CA law says the label speaks. I’d ask the “manager” why is it on the shelf for sale if you won’t sell it, and why not for the price printed on it.
Just my uninformed opinion
…and if there is no price on it the price is zero. You could just grab it and run.
PS: Another embarrassing loss for the Giants. 30-10 late in 4th.
Yeah. I asked her and she claimed it wasn’t supposed to be out. She grabbed it out of my basket and flatly refused to sell it.
The short answer is yes, they can legally refuse to sell you an item. What they can’t do is raise the price at the till (California’s law re: bait and switch is below). In your case, they weren’t pulling a bait and switch. There was a product put out accidentally and they removed it from the shelves. That’s perfectly within their rights.
California Business and Professions Code #12024.2.
(a) It is unlawful for any person, at the time of sale of
a commodity, to do any of the following:
(1) Charge an amount greater than the price, or to compute an
amount greater than a true extension of a price per unit, that is
then advertised, posted, marked, displayed, or quoted for that
commodity.
(2) Charge an amount greater than the lowest price posted on the
commodity itself or on a shelf tag that corresponds to the commodity,
notwithstanding any limitation of the time period for which the
posted price is in effect.
(b) A violation of this section is a misdemeanor punishable by a
fine of not less than twenty-five dollars ($25) nor more than one
thousand dollars ($1,000), by imprisonment in the county jail for a
period not exceeding one year, or by both, if the violation is
willful or grossly negligent, or when the overcharge is more than one
dollar ($1).
© A violation of this section is an infraction punishable by a
fine of not more than one hundred dollars ($100) when the overcharge
is one dollar ($1) or less.
(d) As used in subdivisions (b) and ©, “overcharge” means the
amount by which the charge for a commodity exceeds a price that is
advertised, posted, marked, displayed, or quoted to that consumer for
that commodity at the time of sale.
(e) Except as provided in subdivision (f), for purposes of this
section, when more than one price for the same commodity is
advertised, posted, marked, displayed, or quoted, the person offering
the commodity for sale shall charge the lowest of those prices.
(f) Pricing may be subject to a condition of sale, such as
membership in a retailer-sponsored club, the purchase of a minimum
quantity, or the purchase of multiples of the same item, provided
that the condition is conspicuously posted in the same location as
the price.
She either ate it or threw it out.
It’s over.
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