Kokua Line June Watanabe

Some Subway ads fail to say the 5-buck sub is not sold here

Question: Subway advertises on TV a $5 foot-long sandwich. In actuality it costs $5.99. Isn't there a truth in advertising that prohibits advertising $5 sandwiches that actually cost $5.99?

Answer: The TV commercial in question was likely a national ad for the sandwich chain.

"Most national ads have disclaimers if the terms and conditions don't apply to Hawaii and Alaska," said Stephen Levins, executive director of the state Office of Consumer Protection.

"If they don't, the correct practice is that the disclaimer should be conspicuously added to the advertisement to avoid confusion both for the merchant here in Hawaii and for the consumer," he said.

According to a Subway Hawaii advertising spokeswoman, locally "tagged" television spots do state that "It's $5.99 in Hawaii!" and "Prices and Participation May Vary."

We said we did see a couple of televised ads that did not appear to have any disclaimer.

"Any TV spot that the local market sees that are without the $5.99 tag is a national spot via a nationwide buy," said Lisa Ching, account executive for PCF Virtual, which handles the local advertising.

"Unfortunately, there was no way that we can control national spillage into our market due to the way that the TV regions are divided, but we are trying our best to provide the right message on Oahu," she said.

We have since seen several Subway commercials, and they all prominently did have the "$5.99 in Hawaii" disclaimer.

In addition to the specially tagged TV commercials, in-store and radio ads do state that the deal is $5.99 in Hawaii, Ching said.

Levins said his office had not received any complaints about the advertising.

In general, he said, "If anyone is aware of an ad that doesn't have disclaimers, they should feel free to contact OCP."

Q: Two shower trees on King Street next to the new, massive storage facility at King and Kalakaua Avenue were recently removed. What happened to the trees? Will they be replaced? Honolulu needs more trees, not giant closets.

A: One street tree, certified as "diseased" by an arborist, was cut down and will be replaced by a rainbow shower tree on the street a few feet away, said Henry Eng, director of the Department of Planning and Permitting.

Three other trees that could have been mistaken for street trees were cut to make way for the building, he said. "They were not in the public right-of-way and therefore are not required to be replaced."

However, other trees have been planted along the property.

Eng acknowledged that trees are an important part of the "streetscape and help to promote livability."

But, he pointed out that storage facilities are among the uses permitted under the BMX-3 zoning (community business mixed use) in the city's Land Use Ordinance.