Title 13 Part 600

In addition to the definitions set forth in 13 NYCRR § 600.1, in this rule:

General Business Law § 396-r applies to all essential products, including new essential products.

During any abnormal disruption of the market for a new essential product, the amount charged for a new essential product (“the scrutinized price”) is presumptively unconscionably excessive pursuant to General Business Law § 396-r(3)(b)(ii), if the scrutinized price is more than 10% greater than the trade area price.

The presumption established in subdivision (c)(1) of this rule may be rebutted with evidence, as provided in 13 NYCRR § 600.9:

If a new essential product has no comparable essential product, a new essential product may have an unconscionably excessive price if the price of the new essential product is unconscionably extreme, or there was an exercise of unfair leverage or unconscionable means, or a combination of both.

Nothing in this rule shall be so construed as to foreclose the court’s determination that an unconscionably excessive price has been charged based on the amount of the excess in price being unconscionably extreme, or by reason of an exercise of unfair leverage or unconscionable means, or a combination of both factors, or to affect a prima facie case made under General Business Law § 396-r(3)(b)(ii) for any essential products other than new essential products.