Many states have laws that say if you put something in an AD your store has to have it in stock. Thats to help stop bait and switch tactics. Its why you see car sales ads that say "1 in stock at this price" or "limited to 3 on hand" etc.
If they ran out before the AD date they could be in violation of this type of law. This is actually a GOOD business practice not a bad one.
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