Keep Uncle Sam at Bay

“Materially different” means the merchandise differs in some way that’s likely to affect customers’ choice of, or conduct regarding, the merchandise. Any product feature would be deemed “material” if it is expressly mentioned or depicted in advertising. Differences in design, style, color, fabric, brand, country of origin (where legally required to denote), etc., would be deemed material. A substitution is permitted only if you haven’t shown the item in a picture and haven’t expressly described it.