HR 2914 IH.
Tobacco Free Internet for Kids Act.
Date Introduced: September 22, 1999.
Sponsor: Rep. Martin Meehan (D-MA).
Source: Library of Congress.
| 106th CONGRESS 1st Session |
To prohibit the sale of tobacco products through the Internet or other indirect means to individuals under the age of 18.
Mr. MEEHAN (for himself and Mr. HANSEN) introduced the following bill; which was referred to the Committee on Commerce
To prohibit the sale of tobacco products through the Internet or other indirect means to individuals under the age of 18.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Tobacco Free Internet for Kids Act'.
No person shall make a sale of tobacco products to an individual under the age of 18 using the Internet or the Postal Service or other carrier and no person shall ship in interstate commerce tobacco products which have been so sold.
(a) DEFINITIONS- In this section--
(1) the term `attorney general' means the attorney general or other chief law enforcement officer of a State, or the designee thereof;
(2) the term `tobacco products' means cigarettes, cigars, smokeless tobacco, and pipe tobacco.
(b) ACTION BY STATE ATTORNEY GENERAL- If the attorney general has reasonable cause to believe that a person is engaged in, or has engaged in, any act involving the sale or shipment of tobacco products that would constitute a violation of section 2, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction or other order) against the person, as the attorney general determines to be necessary to restrain the person from engaging, or continuing to engage, in the violation.
(c) FEDERAL JURISDICTION-
(1) IN GENERAL- The district courts of the United States shall have jurisdiction over any action brought under this section by an attorney general against any person under subsection (b).
(2) VENUE- An action under this section may be brought only in accordance with section 1391 of title 28, United States Code, or in the district in which the recipient of the tobacco products resides or is found.
(d) REQUIREMENTS FOR INJUNCTIONS AND ORDERS-
(1) IN GENERAL- In any action brought under this subsection (b), upon a proper showing by the attorney general of the State, the court may issue a preliminary or permanent injunction or other order to restrain a violation of this section.
(2) NOTICE- No preliminary injunction or permanent injunction or other order may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing.
(3) FORM AND SCOPE OF ORDER- Any preliminary or permanent injunction or other order entered in an action brought under this section shall--
(A) set forth the reasons for the issuance of the order;
(B) be specific in its terms;
(C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained;
(D) be binding upon--
(i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and
(ii) persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise.
(e) ADDITIONAL REMEDIES-
(1) IN GENERAL- A remedy under this section is in addition to any other remedies provided by law.
(2) STATE COURT PROCEEDINGS- Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any State law.
Whoever violates section 2 shall be fined not less than $100.
(a) EFFECTIVE DATE- This Act shall take effect with respect to the Internet sales of tobacco products occurring after the date of the enactment of this Act.