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Haw. Rev. Stat. § 708-871

False advertising

Applied in 2 court decisions — leading case Hawaii Health & Welfare Trust Fund for Operating Engineers v. Philip Morris, Inc. (1999)

Most recently applied in Maeda v. Pinnacle Foods Inc. (May 2019)

L 1972, c 9, pt of §1; gen ch 1993

(1) A person commits the offense of false advertising if, in connection with the promotion of the sale of property or services, the person knowingly or recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

(2) "Misleading statement" includes an offer to sell property or services if the offeror does not intend to sell or provide the advertised property or services:

(a) At the price equal to or lower than the price offered;

(b) In a quantity sufficient to meet the reasonably-expected public demand, unless quantity is specifically stated in the advertisement; or

(c) At all.

(3) False advertising is a misdemeanor.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.