I
106TH CONGRESS
1ST SESSION
H. R. 2914
To prohibit the sale of tobacco products through the Internet or other indirect
means to individuals under the age of 18.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 22, 1999
Mr. MEEHAN (for himself and Mr. HANSEN) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tobacco Free Internet
for Kids Act’’.
SEC. 2. PROHIBITION.
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.
SEC. 3. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘attorney general’’ means the at-
torney general or other chief law enforcement officer
of a State, or the designee thereof;
(2) the term ‘‘tobacco products’’ means ciga-
rettes, 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 con-
stitute a violation of section 2, the attorney general may
bring a civil action in accordance with this section for in-
junctive relief (including a preliminary or permanent in-
junction or other order) against the person, as the attor-
ney general determines to be necessary to restrain the per-
son from engaging, or continuing to engage, in the viola-
tion.
(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 OR-
DERS.—
(1) IN GENERAL.—In any action brought under
this subsection (b), upon a proper showing by the at-
torney 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 per-
manent 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 prelimi-
nary 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 docu-
ment, 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 par-
ticipation 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 author-
ized State official from proceeding in State court on
the basis of an alleged violation of any State law.
SEC. 4. CRIMINAL PENALTY.
Whoever violates section 2 shall be fined not less than
$100.
SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENT.
(a) EFFECTIVE DATE.—This Act shall take effect
with respect to the Internet sales of tobacco products oc-
curring after the date of the enactment of this Act.
Æ