Is the “Was” Price on a Bag Real? The FTC Rule

A former price should be a real price at which the bag was openly offered for a reasonably substantial recent period, in good faith.

Published November 5, 2026 · 3 min read · Topic: Buying, Prices & Authenticity · Buying & prices

Typical situation

A bag is listed at 60 percent off a crossed-out price, and you wonder whether the higher price was ever real.

Main answer · berabags Editorial Team · Rules view

A former-price comparison is honest only if the higher price was a genuine price at which the item was openly and actively offered to the public, in good faith, for a reasonably substantial recent period. That is the principle in the FTC’s Guides Against Deceptive Pricing, at 16 CFR 233.1.

What the guide says

A former-price comparison is legitimate when the former price is the actual, bona fide price at which the article was offered to the public on a regular basis for a reasonably substantial period of time.
The offer must be in good faith, in the regular course of business, and recent.
If the former price is not a bona fide price, but was inflated to make a large reduction, the comparison is deceptive.
A seller who claims an item was “formerly sold at” a price is claiming substantial actual sales at that price.
A price that was offered only briefly, or only to create an appearance of a discount, does not qualify.

What to check on a sale listing

What does the crossed-out price refer to?
Do other shops sell the same bag at a similar price?
Is the sale ongoing for a long time?
Is the “was” price a suggested retail price or the seller’s own?
Would you pay the sale price if there were no crossed-out price?

A related habit

If a shop is always on sale, the crossed-out price may be a price that was seldom paid. Look at the sale price on its own: is it a fair price for this bag, compared with other shops? That question does not depend on any claim about a former price.

Where this answer stops

These are FTC guides, which are advisory, and the facts of each case matter. This is not legal advice, and it applies to US selling practice.

Sources and further reading

Legal Information Institute: 16 CFR 233.1, Former price comparisons

Three more perspectives

berabags Editorial Team · Rules view

The FTC rule is a guide, not a price list. It tells sellers what is honest, and shoppers can use it as a yardstick, but it does not tell you whether a given bag was ever sold at the old price.

berabags Editorial Team · Purchasing view

Check the price history if you can, or look at what other shops charge for the same bag. A discount that matches nobody else’s price is a prompt to be careful.

berabags Editorial Team · Selection view

Look at the wording: “was”, “regular price” and “compare at” mean different things. Ask what the higher price refers to if it is not clear.

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