Business ProfileforTops and Bottoms

On 02/09/2024, BBB contacted the business regarding their advertised products on their website. The business advertised a price comparison with slashed pricing without disclosing what the comparison is based on as required by BBB’s Code of Advertising.

The business advertised the following product on their website:

https://www.topsandbottomsusa.com/products/mens-jordan-essentials-warmup-outfit-dj0886-104-dj0881-104

Men's Jordan Essentials Warmup Outfit

$129.99 $150.00

-              Pricing is not defined for consumers (our price, retail price, store price, etc.)

The BBB Code of Advertising States:

1. Basic Principles of the Code

1.1 The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB.

1.2 Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.

1.3 An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true.

1.4 Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact.

2. Comparative Price, Value and Savings Claims

BBB recognizes that truthful price information helps consumers make informed purchasing decisions and that comparative price advertising plays an important role in promoting vigorous competition among retailers. At the same time, misleading or unsubstantiated pricing claims injure both consumers and competitors. The following examples offer guidance on ensuring that pricing claims are truthful and not misleading.

2.1 Advertisers may offer a price reduction or savings by comparing their selling price with:

2.1.1 Their own former selling price;

2.1.2 The current selling price of identical products or services sold by others in the trade area (the area in which the company does business or where the advertisement appears) (e.g., “selling elsewhere at $_______.”); or

2.1.3 The current selling price of a comparable product or service sold by the advertiser or by others in the trade area (e.g., “comparable value,” “compares with products or services selling at $_____,” “equal to products or services selling for $_____”).

2.2 In each case, the advertisement must clearly and conspicuously disclose which basis of comparison is being used.

2.3 When these comparisons are made in advertising, the claims must be based on the provisions in Sections 3 - 7.

As of 2/28/2024, business has not responded to BBB emails or modified the website.