(C) A signed statement in writing from the
individual providing that the individual certifies
that such document and information correctly
identifies the individual and correctly states the
address, date of birth, e-mail address, and so-
cial security number of the individual, that the
individual understands that forging another
person’s signature is illegal, and that the indi-
vidual understands that tobacco sales to minors
are illegal and that tobacco purchases by mi-
nors may be illegal under applicable state law.
(2) Before mailing or shipping the product, the
person—
(A) verified the information submitted by
the individual against a database of govern-
ment-issued identification;
(B) verified the e-mail address submitted
by the individual against e-mail databases;
(C) sends an e-mail to the e-mail address
provided by the individual, requesting return e-
mail confirmation of the specific purchase
order;
(D) receives return e-mail confirmation for
the specific purchase order by the individual;
and
(E) sends a letter to the individual re-
questing confirmation of the specific purchase
order and requesting that the individual reply
immediately (to a specified toll-free phone num-
ber or e-mail address) if the individual did not
submit the purchase order.
(3) Before mailing or shipping a tobacco prod-
uct advertised on the Internet to an individual, the
person receives payment by credit card.
(4) The person provides for the mailing or ship-
ping of the product to the same name and address
as is provided on such government-issued document.
(5) The person provides for the mailing or ship-
ping of the product in a package that bears a clear
and conspicuous label providing as follows: ‘‘TO-
BACCO 
PRODUCT: 
FEDERAL 
LAW 
PRO-
HIBITS SHIPPING TO INDIVIDUAL UNDER
THE AGE OF 18; STATE LAW MAY PROVIDE
HIGHER MINIMUM AGE’’.
(6) The person employs a method of mailing or
shipping that requires that the addressee personally
sign for delivery of the package.
(7) The person notifies the carrier for the mail-
ing or shipping, in writing, of the age of the ad-
dressee as indicated by the government-issued docu-
ment provided pursuant to paragraph (1)(A).
(8) The person employs a method of mailing or
shipping under which the individual who signs for
the package pursuant to paragraph (6) takes deliv-
ery of the package only after producing a form of
identification that bears a photograph and the same
name as the addressee on the package, and that in-
dicates that the individual is not younger than the
age indicated on the government-issued document
provided pursuant to paragraph (1)(A).
(c) COVERED PURCHASE ORDER.—It shall be unlaw-
ful for any person in the business of selling tobacco prod-
ucts to advertise such products for sale through an Inter-
net website unless such website contains, on the part of
each website page relating to sale of such products that
is immediately visible when accessed, a prominent and
clearly legible warning label stating that tobacco-product
sales to persons under 18 are illegal in all States.
(d) ADVERTISING THROUGH INTERNET; WARNING
LABEL.—It shall be unlawful for any person in the busi-
ness of selling tobacco products to advertise such products
for sale through an Internet website unless such website
contains, on the part of each website page relating to sale
of such products that is immediately visible when accessed,
a prominent and clearly legible warning label described in
sections 4(a)(1) and 4(b)(2) of the Federal Cigarette La-
beling and Advertising Act (15 U.S.C. 1333(a)(1) and
1333(b)(2)).
(e) ADVERTISING THROUGH INTERNET; ACCESS.—It
shall be unlawful for any person in the business of selling
tobacco products to advertise such products for sale
through an Internet website unless access to the website
(other than a non-selling website home page) is provided
only to individuals who provide to the person the informa-
tion described in subsections (b)(1)(A) and (b)(1)(B) and
whose information is verified according to the procedures
described in subsections (b)(2)(A) and (b)(2)(B).
(f) RULE
OF
CONSTRUCTION
REGARDING
CAR-
RIERS.—This Act may not be construed as imposing liabil-
ity upon the Postal Service or any other carrier, or officers
or employees thereof, when acting within the scope of busi-
ness of the Postal Service or other carrier, respectively.
SEC. 3. FEDERAL TRADE COMMISSION.
(a) CIVIL ENFORCEMENT.—For purposes of the en-
forcement of section 2 by the Federal Trade Commission,
a violation of a provision of subsection (a) or (b) of such
section shall be deemed to be an unfair or deceptive act
or practice in or affecting commerce within the meaning
of the Federal Trade Commission Act, and the procedures
under section 5(b) of such Act shall apply with respect
to such a violation.
(b) REGULATIONS.—Not later than 90 days after the
date of the enactment of this Act, the Commission shall
promulgate a final rule for carrying out this Act.
(c) INFORMATION REGARDING STATE LAWS ON MIN-
IMUM PURCHASE-AGE.—The Commission shall post on
the Internet site of the Commission information that, by
State, provides the minimum age at which it is legal under
State law to purchase tobacco products in the State.
SEC. 4. CRIMINAL PENALTIES.
(a) IN GENERAL.—
(1) FIRST VIOLATION.—Except as provided in
paragraph (2), any person who violates a provision
of subsection (a) or (b) of section 2 shall be fined
not more than $1,000.
(2) SUBSEQUENT VIOLATIONS.—In the case of
a second or subsequent violation by a person of a
provision of subsection (a) or (b) of section 2, the
person shall be fined not less than $1,000 and not
more than $5,000.
(3) RULE OF CONSTRUCTION.—This subsection
does not apply to a violation of a provision of sub-
section (a) or (b) of section 2 if any provision of