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 February, 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.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
