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Can I advertise my products or services without violating truth-in-advertising laws in Hawaii? What are the requirements?

Requirements for Advertising in Hawaii

To advertise products or services in Hawaii without violating truth-in-advertising laws, you must comply with all advertising and marketing laws or rules adopted by the commissioner, ensure that your advertisements are accurate, truthful, and not misleading, and avoid using certain words in the marketing, advertising, soliciting, or otherwise promoting of the purchase of a policy. Additionally, you must not operate or park any vehicle or trailer carrying a vehicular advertising device for consideration or any other economic benefit if the vehicle or trailer is used primarily to display a vehicular advertising device, and any outdoor advertising device must comply with the standards of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage.

False advertising is prohibited in Hawaii. 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. 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 at the price equal to or lower than the price offered, in a quantity sufficient to meet the reasonably-expected public demand, unless quantity is specifically stated in the advertisement, or at all. False advertising is a misdemeanor [2.1].

Regulation of Advertising in Hawaii

The several counties in Hawaii may adopt ordinances regulating billboards and outdoor advertising devices not prohibited by sections 445-111 to 445-121. The ordinances may classify billboards and outdoor advertising devices in the classes set forth in section 445-112, or in any other reasonable manner of classification, regulate the size, manner of construction, color, illumination, location, and appearance of any class of billboard or outdoor advertising device, prohibit the erection or maintenance of any type of billboard or the displaying of any outdoor advertising device in particular parts, or in all parts, of the county, control and license the business of making, erecting, posting, renting, and maintaining outdoor advertising devices and billboards as a business providing advertising for others, and require each person engaging in such business to obtain an annual license, the fee for which shall not exceed $100. The license shall be conditioned upon the maintenance of all outdoor advertising devices and billboards in a safe state, and the observance of sections 445-111 to 445-121 and all applicable ordinances and shall be revocable by the licensing authority upon breach of such condition. The counties may also require that no person, whether licensed under paragraph (4) or not, shall erect or maintain any billboard unless it is licensed by a permit issued by the county, the issuance of which permit shall be conditioned upon compliance with this chapter and all applicable ordinances and the payment to the county of an annual fee not to exceed $25 per billboard. The counties may provide for such other regulation of billboards and outdoor advertising devices as will promote the public health, welfare, safety, and convenience; encourage and promote the tourist and visitor trade; conserve and develop the natural beauty of the State, as well as objects and places of historic and cultural interest; foster sightliness and physical good order; and promote the purposes and provisions of sections 445-111 to 445-121 [4.3].

It is unlawful for any person to paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind or cause the same to be done, on any curbstone, lamppost, utility pole, streetlight pole, hydrant, bridge, tree, street sign, traffic sign, or traffic light upon any public property in the State, except as may be required by the ordinances of the county where it is posted, or by the laws of this State or of the United States [4.4].

No person shall erect or maintain any outdoor advertising outside of the right-of-way boundary and visible from the main-traveled way of any federal-aid or state highway within the State, except for directional and other official signs and notices [3.3].

Conclusion

To advertise products or services in Hawaii without violating truth-in-advertising laws, you must comply with all advertising and marketing laws or rules adopted by the commissioner, ensure that your advertisements are accurate, truthful, and not misleading, and avoid using certain words in the marketing, advertising, soliciting, or otherwise promoting of the purchase of a policy. False advertising is prohibited in Hawaii. The several counties in Hawaii may adopt ordinances regulating billboards and outdoor advertising devices not prohibited by sections 445-111 to 445-121. It is also unlawful to paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind on any public property in the State, except as may be required by the ordinances of the county where it is posted, or by the laws of this State or of the United States. Additionally, no person shall erect or maintain any outdoor advertising outside of the right-of-way boundary and visible from the main-traveled way of any federal-aid or state highway within the State, except for directional and other official signs and notices.

Source(s):
Jurisdiction

Hawaii