| 41 | | - | WHEREAS, Hawaii's unique island characteristics, multi-cultural food history, and remote geographic location make its food products highly desirable around the world; and WHEREAS, certain individuals and entities have sought to take advantage of this popularity by falsely labeling their goods in a manner that can mislead consumers into believing that they were produced or manufactured in Hawaii, when they were in fact produced or manufactured elsewhere; and WHEREAS, existing state laws may not provide adequate protection, relief, or recourse for local producers and consumers who seek to stop manufacturers from wrongfully and falsely labeling their food products as being Hawaii-made when they are not, and litigation to resolve these types of claims is costly and time-consuming; and WHEREAS, legislation may be required to strengthen the existing regulatory framework and protect Hawaii's local food producers and consumers; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Department of the Attorney General is requested to convene a working group to study the effectiveness of existing state laws in addressing the false labeling of Hawaii-made food products, with a specific emphasis on the legal mechanisms and costs associated with protecting the brands of Hawaii-made food products, including but not limited to section 480-2, Hawaii Revised Statutes, that governs unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce; section 486-119, Hawaii Revised Statutes, that governs the labeling of Hawaii-made products and Hawaii-processed products; and section 708-871, Hawaii Revised Statutes, that governs the offense of false advertising; and BE IT FURTHER RESOLVED that the working group is requested to comprise the following members: (1) The Attorney General, or the Attorney General's designee, to serve as the Chairperson of the working group; (2) One member from the University of Hawaiʻi at Manoa William S. Richardson School of Law with academic or professional expertise in intellectual property law, to be selected by the Dean of the William S. Richardson School of Law; (3) The Chairperson of the Board of Agriculture, or the Chairperson's designee; (4) The Director of Business, Economic Development, and Tourism, or the Director's designee; (5) The Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs, or the Executive Director's designee; (6) One member from the Intellectual Property and Technology section of the Hawaii State Bar Association, to be selected by the President of the Hawaii State Bar Association and who is requested to be invited by the Chairperson; and (7) Any other member deemed necessary by the working group; and BE IT FURTHER RESOLVED that the working group is requested, with the assistance of the Department of the Attorney General, to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2025; and BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Attorney General; Dean of the University of Hawaiʻi at Manoa William S. Richardson School of Law; Chairperson of the Board of Agriculture; Director of Business, Economic Development, and Tourism; Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs; and President of the Hawaii State Bar Association. Report Title: Department of the Attorney General; Working Group; False Advertising; Unfair and Deceptive Trade Practices; Food Products; Study; Report |
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| 41 | + | WHEREAS, Hawaii's unique island characteristics, multi-cultural food history, and remote geographic location make its food products highly desirable around the world; and WHEREAS, certain individuals and entities have sought to take advantage of this popularity by falsely labeling their goods in such a manner as to mislead consumers into believing that they were produced or manufactured in Hawaii, when they were in fact produced or manufactured elsewhere; and WHEREAS, existing state laws may not provide adequate protection, relief, or recourse for local producers and consumers who seek to stop manufacturers from wrongfully and falsely labeling their food products as being Hawaii-made when they are not, and litigation to resolve these types of claims is costly and time-consuming; and WHEREAS, legislation may be required to strengthen the existing regulatory framework and protect Hawaii's local food producers and consumers; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Department of the Attorney General is requested to conduct a study to determine the effectiveness of existing state laws in addressing the false labeling of Hawaii-made food products, including but not limited to section 480-2, Hawaii Revised Statutes, that governs unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce; section 486-119, Hawaii Revised Statutes, that governs the labeling of Hawaii-made products and Hawaii-processed products; and section 708-871, Hawaii Revised Statutes, that governs the offense of false advertising; and BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2025; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Attorney General. OFFERED BY: _____________________________ Report Title: Department of the Attorney General; False Advertising; Unfair and Deceptive Trade Practices; Food Products; Study; Report |
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