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Grocery stores are required to offer rain checks, unless the advertisement clearly states that
"quantities are limited," or unless the store can establish that advertised items were ordered in time for delivery and were in sufficient quantities to meet the public's reasonably anticipated demand. This rule gives
grocery stores the flexibility to advertise bargain items that they are unable to stock in large quantities or at certain outlets. Such items may be seasonal products, like specialty holiday foods or perishables.
A "rain check" will allow you to purchase the desired item at a later time at the bargain price.
Instead of a rain check, stores are permitted to offer a substitute item of comparable value to the sale
item at the sale price. Or the store may offer some form of compensation that is at least equal in value to the advertised item.
If you cannot find an advertised product on the merchant's shelf, ask for it. If the store has run out,
you should ask for a rain check, a substitute or other compensation. In most cases, retailers will provide you with one of these options.
If you know that a particular grocery store routinely runs out of advertised specials without stating that
quantities are limited, and does not provide you with a raincheck, a substitute item or some other compensation, write to:
Correspondence Branch
Federal Trade Commission
Washington, DC 20580
If a retailer advertises products for sale that are unavailable, for the purpose of luring you into the
store, or if the salesperson is critical of the advertised product, so that he or she can try to sell you more expensive merchandise, then the store is engaging in illegal "bait and switch" advertising.
If you are not satisfied with any retail establishment's "rain-check" policy, or believe that
the merchant has engaged in deceptive or bait and switch advertising, notify your local consumer protection office, State Attorney General, or your State Department of Agriculture and Consumer Services'.
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