(a) It is unlawful for any person to make any deceptive, false, or misleading statement by any means whatsoever regarding quality, quantity, performance, price, discount, profit, or savings used in the sale or selling of any petroleum product regulated pursuant to this chapter or chapters 486H and 486J.

Terms Used In Hawaii Revised Statutes 486B-2

  • Advertising: includes the use of any banner, sign, placard, poster, streamer, card, or any publication in the media. See Hawaii Revised Statutes 486B-1
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Hawaii Revised Statutes 486B-1
  • Petroleum product: means gasoline, diesel fuel, liquefied petroleum gas only when used as a motor fuel, kerosene, thinner, solvent, liquefied natural gas, pressure appliance fuel, white gasoline, or any motor fuel, or any oil represented as engine lubricant, engine oil, lubricating or motor oil, or any oil used to lubricate transmissions, gears, or axles. See Hawaii Revised Statutes 486B-1
(b) The following deceptive, false, or misleading acts or practices committed or permitted by any person offering to sell any petroleum product that is regulated by this chapter or chapters 486H and 486J are also a violation of this section:

(1) Misrepresenting the brand, grade, quality, or price of a petroleum product;
(2) Using false or deceptive representations or designations in connection with the pricing, profits, or sale of a petroleum product;
(3) Advertising petroleum products or services and not selling them as advertised;
(4) Advertising petroleum products of a designated brand, grade, trademark, or trade name not actually sold or available for sale;
(5) Making false, deceptive, or misleading statements concerning conditions of sale, price reductions, costs of operations, profits, or failing to disclose business relationships within the petroleum industry that affect the wholesale pricing of petroleum products;
(6) Representing that the consumer will receive a rebate, discount, or other economic benefit and then failing to give that rebate, discount, or other economic benefit; and
(7) Forging or falsifying any records or documents required by this chapter or chapter 486H or 486J or knowingly keeping, using, or displaying the false or forged records or documents.