Hawaii 2024 Regular Session

Hawaii Senate Bill SB373

Introduced
1/20/23  
Refer
1/25/23  
Introduced
1/20/23  

Caption

Relating To Deceptive Trade Practices.

Impact

If enacted, SB373 will amend the Hawaii Revised Statutes by defining 'substantially similar goods' and 'substantially similar services,' clarifying the criteria under which gender-based pricing can be deemed deceptive. The bill will specifically prohibit manufacturers from pricing the same or similar goods or services differently based purely on the gender of the targeted consumer. This could lead to substantial changes in how goods are marketed and priced, potentially enforcing greater accountability among manufacturers and promoting fairer pricing practices.

Summary

Senate Bill 373 aims to address deceptive trade practices related to gender-based pricing in the state of Hawaii. The bill arises from the legislature's findings that women often pay significantly more than men for similar products, a phenomenon famously dubbed the 'pink tax.' This disparity, highlighted by studies demonstrating that women's products can cost on average seven percent more than their male counterparts, drives the legislative intent to establish gender-based pricing as unlawful. This legislation seeks to protect consumers from discriminatory pricing practices by manufacturers selling goods in Hawaii.

Contention

While the bill proposes essential consumer protection measures, it may face challenges in implementation and enforcement. Critics may argue that defining 'substantially similar' products or services could lead to ongoing disputes and confusion in the marketplace. Moreover, businesses could express concerns about the implications for marketing strategies, fearing restrictions could limit their ability to target specific demographics. The balance between protecting consumers and maintaining economic flexibility will likely be a focal point of debate as the bill progresses through the legislative process.

Companion Bills

HI SB373

Carry Over Relating To Deceptive Trade Practices.

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