BOGO Deal (Buy One, Get One)

A BOGO deal ("buy one, get one free" or "buy one, get one 50% off") is one of the most common retail promotions. It feels like a clear bargain, which is exactly why regulators and consumer lawyers pay attention to how it is priced.

The Federal Trade Commission's Guide Concerning Use of the Word "Free," at 16 CFR 251.1, specifically lists "Buy 1, Get 1 Free" offers. The core rule is simple: if a seller says the second item is free, the price of the first item cannot be quietly raised to cover it. Under the FTC guide, the "regular price" is generally the price the seller charged for a reasonably substantial period, described as a 30-day period, before the free offer. The guide also says a single product should not be advertised with a free offer in the same trade area for more than 6 months in any 12-month period, so the "deal" does not become the normal price.

BOGO lawsuits usually allege one of these problems: the base price was raised just before the promotion; the store rang up both items at full price at the register; or the "free" item was always bundled, so the discount was illusory. Claims are often brought under state consumer protection laws, which can allow refunds, statutory damages, and class treatment.

If you think a promotion was misleading, keep your receipt, a photo of the shelf tag or ad, and any earlier receipts showing the usual price. Our pages on fake sale pricing lawsuits and fake sales explain the closely related "former price" rules.