SB373

THE SENATE	S.B. NO.	373
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to deceptive trade practices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that products that are marketed as being "for women" often cost more than virtually identical products that are marketed as being "for men". In 2015, the New York City Department of Consumer Affairs compared the prices of nearly eight hundred products at two dozen New York City retailers and found that women's products cost an average of seven per cent more than comparatively similar products for men. The study found that, over a lifetime, women are charged thousands of dollars more based solely on gender-based marketing. The legislature believes that this "pink tax" or "gender tax" is a deceptive trade practice and a form of gender discrimination.

Accordingly, the purpose of this Act is to establish that gender-based pricing by manufacturers who sell the goods they manufacture to any person in the State for a price they set constitutes an unlawful deceptive trade practice.

SECTION 2. Section 481A-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Substantially similar goods" means goods having no substantial differences in the materials used, intended uses, or functional designs and features. Differences in coloring among consumer goods shall not constitute substantial differences for purposes of this chapter.

"Substantially similar services" means services having no substantial differences in the amount of time needed to provide the services, difficulty in providing the services, or cost of the services to the provider."

SECTION 3. Section 481A-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

(1) Passes off goods or services as those of another;

(2) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;

(4) Uses deceptive representations or designations of geographic origin in connection with goods or services;

(5) Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have;

(6) Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(7) Represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(8) Disparages the goods, services, or business of another by false or misleading representation of fact;

(9) Advertises goods or services with intent not to sell them as advertised;

(10) Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(11) Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; [or]

(12) Prices the same or substantially similar goods or substantially similar services differently based on the gender of the individuals to whom the products are marketed or for whom the services are marketed, performed, or offered; provided that this paragraph shall apply only to manufacturers who are engaged in the activity of manufacturing and selling the goods manufactured to any person in the State for a price the manufacturer establishes; or

[~~(12)~~] (13) Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________