Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING
Section 16-303-4 - Use of the word "sale" and words of similar import
Universal Citation: HI Admin Rules 16-303-4
Current through August, 2024
(a) Consumers rightfully expect that whenever the seller uses the word "sale" in any advertisement, the seller is offering to sell the advertised merchandise at a price which is less than the seller's regular price. It is the express intent of this section to prohibit the practice of a seller advertising merchandise for "sale" or using words of similar import when in fact the advertised sale price is not less than the seller's regular price.
(b) It shall be an unfair or deceptive act or practice for any seller to:
(1) Use the word
"sale" or words of similar import in any advertisement when the advertised
price is not less than the seller's regular price; or
(2) Fail to clearly and conspicuously
identify the merchandise which is not being offered at a price less than the
seller's regular pricein any advertisement when the word "sale" or words of
similar import are used; or
(3)
Fail to state in any advertisement when the word "sale" or words of similar
import are used, the period during which the advertised price will be
effective, provided that when the seller places only a specific item or items
on "sale," and the seller believes in good faith that the quantity of such
items will not be sufficient to meet the reasonably anticipated consumer demand
for the planned duration of the "sale," the seller need not specify the period
during which the advertised price will be effective if the seller specifies the
exact quantity of items available at the advertised price; or
(4) Fail to conspicuously post the advertised
"sale" prices in the store; or
(5)
Use "going out of business" or terms of similar import when the store is not in
fact going out of business as advertised.
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