Ethical Marketing, Cultural Integrity, and

• Date: 01 September 2023
• Author: Devin Kamealoha Forrest and Makalika Destarte Naholowa?a

Published in Landslide, Volume 16, Number 1, 2023. © 2023 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion

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American Bar Association.

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Ethical Marketing, Cultural

Integrity, and Consumer

Protection in Hawai‘i

Devin Kamealoha Forrest and

Makalika Destarte Naholowa‘a

T

hough Hawai‘i had been a destination for foreign adventure

seekers and leisure travelers for some time prior, after the

U.S. Navy–assisted coup in 1893 that displaced the there-

tofore independent Kingdom of Hawai‘i government, investment

in the Hawai‘i tourism industry substantially increased. Over

the next century, the territorial and subsequent state government

of Hawai‘i developed and marketed the islands as a destination

brand, showcasing its culture, people, and places like any heavily

advertised product.

Those efforts to grow tourism have been successful by tradi-

tional business measures. Even in the wake of the pandemic,

while numerous travel restrictions were still in place and

numbers were down compared to pre-pandemic levels, more

than 6.7 million people visited Hawai‘i, and total visitor expen-

ditures were reported at more than $13.15 billion.

1

For the

most geographically remote population center on Earth, with

only 1.46 million residents, that is a lot! However, the impact

of decades of substantial tourism on the environment, local

communities, and Native Hawaiian culture has sparked serious

debates. Indeed, a 2021 Resident Sentiment Survey conducted by

the Hawai‘i Tourism Authority reported that 55% of residents

on the island of O‘ahu—where about two-thirds of the state’s

residents reside—felt that tourism had brought more benets

than problems.2 And, in communities on the island with higher

representation of Native Hawaiians, the results were reported as

“particularly critical” of tourism.3

Social movements nationally and internationally related to

environmentalism and indigenous human rights are broadly

impacting public policy and industry, including tourism, and warrant

cautious hope for positive progress. In the era immediately following

World War II, Hawai‘i was marketed as a “sand, sea, and sun” play-

ground for nonresidents, at increasingly budget-friendly price points

over time. Today, the emphasis is on the local way of life, rooted in

Native Hawaiian culture, promoting sustainability, local purchasing,

respectful interaction with nature, and environmental stewardship.

These values align with consumers’ growing preference to engage

in and support ethical and sustainable practices. However, careful

management is crucial to ensure this tourism pivot is regenerative,

aligns with local values, and meets consumer expectations.

Part of the work for industry stakeholders—including the

government, Hawai‘i businesses, local communities, the Native

Hawaiian community, and consumers—is the management of the

“Made in Hawaii” and “Hawaii Made” geographic and commu-

nity source indicators. In this business climate, these indicators

are commercially more valuable, and they present economic

opportunities for local people and businesses, promoting

authentic local products and preserving Hawai‘i’s cultural and

environmental integrity. They also serve as important markers for

Devin Kamealoha Forrest is an attorney at the Native

Hawaiian Legal Corporation, a nonprofit public interest law

firm dedicated to Native Hawaiian rights. He can be reached

at devin@nhlchi.org. Makalika Destarte Naholowa‘a is the

executive director for the Native Hawaiian Legal Corporation,

a nonprofit public interest law firm dedicated to Native

Hawaiian rights. She can be reached at makalika@nhlchi.org.