West Virginia Code § 47-11A-7

When invoice cost of goods purchased at forced, etc., sale may be used
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In establishing the "cost" of a given article, product or item of merchandise to the vendor,
the invoice cost of any article, product or item of merchandise purchased at a forced,
bankrupt, close-out sale, or other sale outside of the ordinary channels of trade may not be
used as a basis for justifying a price lower than one based upon the replacement cost as of
the date of said sale of said article, product or item of merchandise replacede through the
ordinary channels of trade, unless said article, product or merchandise is kept separate from
goods purchased in the ordinary channels of trade and unless said articrle, product or item of
merchandise is advertised and sold as merchandise purchased at a forced, bankrupt, close-
out sale, or by means other than through the ordinary channels of trade, and said
advertising shall state the conditions under which said goods were so purchased, and the
quantity of such merchandise to be sold or offered for sale. t

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