Haw. Code R. § 11-29-9 - False or misleading representation of geographical origin

Any representation that expresses or implies that a food product or any Ingredient of a food product has its geographical origin in the State may render such food product misbranded except when such representation is either:

(1) A truthful representation of geographical origin;

(2) A trademark or trade name; provided that as applied to the food product in question, its use is not deceptively misrepresented. A trademark or trade name composed in whole or in-part of geographical words shall not be considered deceptively misrepresentative if:

(A) Such product or trade name has been long and exclusively used by the manufacturer or distributor and is generally understood by the consumer to mean the product of a particular manufacturer or distributor; or

(B) Is so arbitrary or fanciful that it is not generally understood by the consumer to suggest geographic origin; or

(C) Is a part of the name required by applicable state or federal law or regulation; or

(D) Is a name whose market significance is generally understood by the consumer to connote a particular class, kind, type, or style of food rather than to indicate geographical origin.

Notes

Haw. Code R. § 11-29-9

[Eff Nov. 5, 1981] (Auth: HRS §§ 321-9, 321-10, 321-11, 328-21) (Imp: HRS §§ 328-19.1, 328-22, 328-29)