Title 26, Trade Regulation And Practice

PART I. UNFAIR PRACTICES ACT §481-1 Unlawful practices. It shall be unlawful for any person, firm, or corporation, doing business in the State and engaged in the production, manufacture, distribution, or sale of any commodity, or product, or service, or output of a service trade,…

§481-10 Actions to enjoin violation. Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of sections 481-1 to 481-7 and, if injured thereby, for the r…

§481-11 Remedies cumulative. The remedies prescribed in this part are cumulative and in addition to the remedies prescribed in chapter 269 for discriminations by public utilities. If any conflict arises between this part and chapter 269, the latter prevails. [L 1937, c 223, pt of…

§481-2 Officers and agents. Any person who, either as director, officer, or agent of any firm or corporation, or as agent of any person, violating this part, assists or aids, directly or indirectly, in such violation shall be responsible therefor equally with the person, firm, or…

PART II. SALE OF UNITED STATES SURPLUS GOODS §481-21 Findings and declaration of public policy. The legislature of the State of Hawaii finds that the sale and distribution at retail of goods manufactured by or for or sold by the government of the United States, or any agency or d…

§481-22 Unauthorized use of certain trade names prohibited. No person shall use any trade name which includes the word "Army", "Navy", "Marine", "Coast Guard", "Government", "G.I.", or any other term which denotes an agency or department of the government of the United States, wi…

§481-23 Fraudulent representation of origin of goods. No person shall sell or offer for sale at retail any goods incorrectly purporting to be manufactured by or for or sold by the government of the United States. [L 1945, c 214, §3; RL 1955, §205-42; HRS §481-23]

§481-24 Advertising or display requirements. Any person who represents by sign, window display, label, advertising, or any other means that the person sells goods sold by or manufactured for the government of the United States or any agency or department thereof, shall, with equa…

§481-25 Additional display requirements. Any person who represents by sign, window display, label, advertising, or by any other means, that the person sells goods sold by or manufactured for the government of the United States or any agency or department thereof, and who also sel…

§481-26 Penalty. Any person who sells goods in violation of this part shall be fined not more than $50, and each such sale shall constitute a separate offense. [L 1945, c 214, §6; RL 1955, §205-45; HRS §481-26]

§481-27 Injunctions. Any person violating or neglecting or failing in any particular to conform to or comply with this part may be enjoined by the circuit court of the State by mandatory or restraining order necessary or proper to effectuate the purposes of this part in a suit br…

§481-3 Sales at less than cost. No person, partnership, firm, corporation, joint stock company, or other association engaged in business within the State shall sell, offer for sale, or advertise for sale any article, or product, or service or output of a service trade, at less th…

§481-4 Purchase at forced or bankrupt sales. In establishing the cost of a given article or product to the distributor and vendor, the invoice cost of the article or product purchased at a forced, bankrupt, closeout sale or other sale outside of the ordinary channels of trade may…

§481-5 Proof of intent; cost surveys. In any injunction proceeding against any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for whom or which the person acts. Where an injunction is sough…

§481-6 When sale at less than cost permitted. Sections 481-3 to 481-5 shall not apply to any sale made: In case of any sale at less than cost which does not fall within (1) to (5) of this section, the burden of proof shall be on the defendant to show that the sale was not made fo…

§481-7 Rebates, refunds, etc. The payment or allowance of rebates, refunds, commissions, or unearned discounts whether in the form of money or otherwise or extending to certain purchasers, special services, or privileges not extended to all purchasers purchasing upon like terms a…

§481-8 Duty of attorney general to prosecute. Upon the third violation of any of the provisions of sections 481-1 to 481-7 by any corporation, each of such violations having been proved in a separate court action, the attorney general shall institute proper action in a court of c…

§481-9 Illegal contracts. Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of sections 481-1 to 481-7 is declared to be an illegal contract and no recovery thereon shall be had. [L 1937, c 223, §9; RL 1945, §9329; RL…

§481-9.5 Automatic renewal clauses and continuous service clauses. (a) Any person who sells or offers to sell any products or services to a consumer pursuant to a consumer contract that has a specified term of more than one month and an automatic renewal clause under which the co…