If passed, SB373 would amend Hawaii Revised Statutes, particularly by adding definitions that clarify what constitutes 'substantially similar goods' and 'substantially similar services'. It formalizes gender-based pricing as a deceptive trade practice, thereby providing consumers with legal grounds to challenge such discrimination. This measure is expected to have far-reaching implications not only for consumers but also for manufacturers and retailers, altering the landscape of pricing strategies and marketing practices within the state.
Summary
SB373 aims to combat gender-based pricing discrimination by establishing that charging different prices for substantially similar goods or services based solely on the gender of the consumer constitutes unlawful deceptive trade practices in Hawaii. The bill addresses the phenomenon known as the 'pink tax', which refers to the practice where products marketed towards women often cost more than identical products marketed towards men. By regulating this practice, the bill seeks to foster equity in pricing for consumers regardless of gender.
Contention
The bill could face opposition from businesses that argue stringent regulations on pricing could limit their operational flexibility. Critics may contend that regulation of pricing based on gender could lead to unintended consequences, such as higher prices overall if businesses raise prices to equalize gendered pricing. Supporters argue this is a necessary step towards ensuring fairness and preventing discrimination in consumer markets, thereby emphasizing its ethical dimensions against those potential economic arguments.
Provides relative to certain unauthorized acts of motor vehicle manufacturers, distributors, wholesalers, distributor branches, factory branches, and converters. (8/1/22)