James S. Barry, Jr. v. Arrow Pontiac, Inc., a Corporation Organized Under…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that Arrow Pontiac's advertisement using the term "dealer invoice" is misleading and falls within the scope of the regulation prohibiting comparisons to dealer's cost or inventory price, and that the regulation is constitutionally valid, not vague, and not overbroad. Justice Clifford and Justice Stein dissented, arguing the regulation improperly bans the term and should be narrowed.