Original price vs. sale price
Every product page has a number crossed out and a lower number beside it. What do those actually mean — and when does the "original" price stop being honest? Here's how the terms line up, and where California law draws the line.
Original price / 'was' price
The price the retailer claims the item used to sell for. When shown next to a sale price, it becomes a reference price — and California requires it to reflect what the item actually sold for in the last 90 days.
Sale price
The current price a shopper pays today. This part isn't regulated by the 90-day rule; the rule is about the accuracy of the price you're comparing it to.
MSRP (Manufacturer's Suggested Retail Price)
A number the manufacturer suggests. It is not automatically a valid reference price. If the retailer never actually sold the item at MSRP in the past 90 days, showing "MSRP $180 → $99" as a discount can still be deceptive under §17501.
Compare at / list price / estimated retail
Marketing labels for prices the item may never have sold for. Same standard applies — if it isn't the prevailing price within 90 days, using it as a strike-through comparison is a red flag.
Reference price
The legal term. Any former price shown next to today's price. Under California BPC §17501, it must have been the item's prevailing market price within the three months immediately preceding the ad.
A quick test before you trust the discount
- Is the "was" price labeled MSRP, compare-at, or estimated retail? That's a hint it may not be a real selling price.
- Has the item been on "sale" for weeks or months? If the sale is persistent, the reference price probably isn't recent.
- Check price history tools or archived pages. If the item never sold at the higher number, the discount is manufactured.
Spot a fake reference price?
TagTrue tracks retailers using deceptive reference pricing. Submit a screenshot and price history — the community verifies it.