Section 16-303-4 - Use of the word "sale" and words of similar import(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.[Eff 6/19/81] (Auth: HRS § 487-5) (Imp: HRS §§ 480-2, 487-5)