21-2803. Trading stamp act inapplicable to certain coupons and similar devices. This act shall not apply to any coupon, ticket, certificate, card or other similar device which is issued, distributed, furnished or redeemed:
(a) By a manufacturer or packer, when such coupon, ticket, certificate, card or other similar device is redeemable:
(1) Without or with accompanying cash, for any product of the manufacturer or packer or for one specified and particular product not manufactured or packed by the manufacturer or packer; or
(2) by the manufacturer or packer in cash.
(b) By a retailer, when such coupon, ticket, certificate, card or other similar device is redeemable by the retailer, with or without accompanying cash, for any product which the retailer normally sells in its usual course of business.
(c) By a person, firm, association or corporation, when such coupon, ticket, certificate, card or other similar device is redeemable, with or without accompanying cash, for air travel, hotel, motel and similar accommodations, vehicle rental or other travel or recreational services.
History: L. 1957, ch. 177, § 3; L. 1979, ch. 91, § 1; L. 1992, ch. 90, § 1; April 23.
Attorney General's Opinions:
Trading stamps; exemptions from prohibited activities. 81-172.
Trading stamp act; inapplicable to certain coupons and devices. 83-115.
Kansas Lottery Act—copromotional agreements—illegal lotteries. 88-125.
Trading stamps or similar devices redeemable in merchandise prohibited; "cross-store couponing." 89-27.
Coupons or cards redeemable for products sold in the usual course of business. 96-20.
CASE ANNOTATIONS
1. Exception in favor of manufacturers and packers valid and not unlawfully discriminatory; act valid. Cushenbery v. Shanahan, 190 Kan. 720, 721, 722, 724, 725, 378 P.2d 66.
2. Act applicable to but not violated by promotion where bottle caps redeemable for cash and prizes; exempt hereunder. State ex rel. Stephan v. Pepsi-Cola Gen'l Bottlers, Inc., 232 Kan. 843, 846, 847, 659 P.2d 213 (1983).
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