‘‘§ 3002b. Nonmailability of certain tobacco products 
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (g) and (h), cigarettes, smokeless tobacco, and 
roll-your-own-tobacco— 
‘‘(1) are nonmailable matter; 
‘‘(2) shall not be— 
‘‘(A) deposited in the mails; or 
‘‘(B) carried or delivered through the 
mails; and 
‘‘(3) shall be disposed of as the Postal Service 
directs. 
‘‘(b) CIVIL PENALTY.— 
‘‘(1) IN
GENERAL.—Any person who violates 
subsection (a)(2)(A) shall be liable to the United 
States for a civil penalty in an amount not to exceed 
$100,000 for each violation. 
‘‘(2) HEARINGS.— 
‘‘(A) IN
GENERAL.—The Postal Service 
may determine that a person has violated sub-
section (a)(2)(A) only after notice and an op-
portunity for a hearing. Proceedings under this 
paragraph shall be conducted in accordance 
with section 3001(m). 
‘‘(B) PENALTY CONSIDERATIONS.—In de-
termining the amount of a civil penalty under 
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this paragraph, the Postal Service shall con-
sider— 
‘‘(i) the nature, circumstances, extent, 
and gravity of the violation; 
‘‘(ii) with respect to the violator, the 
degree of culpability, ability to pay, and 
any history of prior violations; and 
‘‘(iii) such other matters as justice 
may require. 
‘‘(3) CIVIL ACTIONS.—The Postal Service may 
bring a civil action in an appropriate district court 
of the United States, in accordance with section 
409(g)(2), 
to 
enjoin 
violations 
of 
subsection 
(a)(2)(A), to collect a civil penalty under this sec-
tion, or to seek such other relief with respect to vio-
lations of subsection (a)(2)(A) as the court may 
deem appropriate. 
‘‘(4) DISPOSITION OF AMOUNTS.—Amounts re-
ceived in payment of any civil penalties under this 
subsection shall be deposited as miscellaneous re-
ceipts in the Treasury of the United States. 
‘‘(c) ORDERS.—Upon evidence satisfactory to the 
Postal Service that any person is engaged in the sending 
of mail matter which is nonmailable under this section, 
the Postal Service may issue an order which— 
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‘‘(1) directs any postmaster, to whom any mail-
ing originating with such person or his representa-
tive is tendered for transmission through the mails 
(other than a mailing that consists only of one or 
more sealed letters), to refuse to accept any such 
mailing, unless such person or his representative 
first establishes to the satisfaction of the postmaster 
that the mailing does not contain any matter which 
is nonmailable under this section; and 
‘‘(2) requires the person or his representative to 
cease and desist from mailing any mail matter which 
is nonmailable under this section. 
‘‘(d) PRIMA FACIE EVIDENCE.—For the purposes of 
this section, prima facie evidence that a person is engaged 
in the mailing of matter which is nonmailable under this 
section may include a statement on a publicly available 
website, or an advertisement, by any person that such per-
son will mail matter which is nonmailable under this sec-
tion in return for payment or other consideration. 
‘‘(e) COORDINATION OF EFFORTS.—In the enforce-
ment of this section, the Postal Service shall cooperate 
with, and coordinate its efforts with related activities of, 
any other Federal agency or any State or local govern-
ment, whenever appropriate. 
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‘‘(f) ACTIONS BY STATES RELATING TO CERTAIN TO-
BACCO PRODUCTS.— 
‘‘(1) AUTHORITY
OF
STATES.—Whenever the 
attorney general of a State has reason to believe 
that any person has engaged or is engaging in mail-
ings to residents of that State in violation of sub-
section (a)(2)(A), the State may bring, in an appro-
priate district court of the United States, a civil ac-
tion— 
‘‘(A) to enjoin such mailings; 
‘‘(B) to carry out paragraphs (1) and (4) 
of subsection (b) with respect to such mailings; 
or 
‘‘(C) to carry out subparagraphs (A) and 
(B). 
In the course of any such action, the State may seek 
damages equal to the amount of any unpaid taxes on 
tobacco products mailed in violation of subsection 
(a)(2)(A) to residents of the State and such other 
relief as the court may deem appropriate. 
‘‘(2) RIGHTS OF THE POSTAL SERVICE.—The 
State shall serve prior written notice of any action 
under paragraph (1) upon the Postal Service and 
provide the Postal Service with a copy of its com-
plaint, except in any case in which such prior notice 
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is not feasible, in which case the State shall serve 
such notice immediately upon instituting such ac-
tion. The Postal Service, in accordance with section 
409(g)(2), shall have the right (A) to intervene in 
the action, (B) upon so intervening, to be heard on 
all matters arising therein, and (C) to file petitions 
for appeal. 
‘‘(3) 
EFFECT
ON
STATE
COURT
PRO-
CEEDINGS.—Nothing contained in this section shall 
be considered to prohibit an authorized State official 
from proceeding in State court on the basis of an al-
leged violation of any general civil or criminal stat-
ute of such State. 
‘‘(4) LIMITATION.—Whenever the Postal Serv-
ice institutes a civil action under subsection (a)(3) 
for a violation of subsection (a)(2)(A), no State may, 
during the pendency of such action, institute a sepa-
rate civil action for any violation of subsection 
(a)(2)(A) against any defendant named in the Postal 
Service’s complaint. 
‘‘(g) MAILINGS BETWEEN LEGAL TOBACCO INDUS-
TRY BUSINESSES AND GOVERNMENT AGENCIES.— 
‘‘(1) IN GENERAL.—Tobacco products otherwise 
made nonmailable by subsection (a) may, beginning 
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