"The Proposal states that even though the List Price is typically not the price paid, it is a basic piece of factual information that the consumer should know in order to have at least one metric for comparison shopping.... The Proposal states that the List Price is simply a required disclosure of factual information in a commercial speech setting, thus requiring a lower level of First Amendment scrutiny.... The Proposal assumes that enforcement will come from private actions for false or misleading advertising under the federal Lanham Act."  MORE >>