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ACT NO. 101

(H.748)

Tobacco; Gray Marketed Cigarettes

This act prohibits a person from affixing a cigarette stamp, or selling, or offering to sell any package or container of cigarettes if it does not comply with all requirements of the federal Cigarette Labeling and Advertising Act, it has been imported into the United States after January 1, 2000, its label indicates that the manufacturer did not intend that the product be sold in the United States, or its label has been altered by marking or deleting language.

This act provides authority to seize any cigarettes described in this act unless sufficient evidence exists to prove otherwise. This act directs the commissioner of taxes to destroy any cigarettes seized under this act. This act directs that seizure of cigarettes shall not relieve any person of fines or other penalties that may apply.

This act provides that any person may bring an action for appropriate injunctive or other equitable relief for a violation and the trier of fact may award actual damages, interest on the damages, taxable costs, and reasonable attorney’s fees, and if the violation is flagrant, may increase recovery to any amount not in excess of three times the actual damages sustained by reason of the violation.

Effective Date: July 1, 2000