An Act To Ensure Choice for Maine Consumers
Maine Legislature, Session 121, LD 0764
Committee: Business, Research and Economic Development
Sponsors: MAYO, PATRICK, BROMLEY, DAGGETT, HALL, KNEELAND, WOODBURY

Legislative Document 
No. 764 
S.P.259 
In Senate, February 18, 2003 
An Act To Ensure Choice for Maine Consumers 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator MAYO of Sagadahoc. 
Cosponsored by Representative PATRICK of Rumford and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, President DAGGETT of Kennebec, HALL of Lincoln, 
KNEELAND of Aroostook, LaFOUNTAIN of York, Representative: WOODBURY of 
Yarmouth. 
Printed on recycled paper 
Be it enacted by the People of th~ State of Maine as follows: 
Sec. 1. 10 MRSA c. 204-C is enacted to read: 
CHAPTER 204-C 
REGULATION OF TOBACCO PRODUCTS 
§1200. 
Regulation of cigarette merchandising and promotion 
1. 
Retailers authorized. 
A cigarette retailer may enter 
into and participate in a cigarette manufacturer's merchandising, 
advertising, 
display 
or 
consumer 
discount 
or 
promotional 
agreement or program in which the retailer: 
A. 
Provides 
cigarette 
merchandising, 
shelf-space, 
advertising, stocking or display to the manufacturer; 
B. 
Conducts 
the 
manufacturer's 
consumer 
promotion 
and 
discount programs and provides such promotions and discounts 
to consumers; and 
C. 
Is 
paid 
or 
compensated 
by 
the 
manufacturer 
for 
performing such activities. 
2. 
Manufacturers authorized. 
A cigarette manufacturer may: 
A. 
Offer and enter into retailer agreements and programs as 
described in subsection 1; 
B. 
Payor provide other 
compensation to retailers 
for 
participating in any such agreements or programs; and 
C. 
Provide consumer promotions and discounts to retailers 
for the retailers to furnish to consumers. 
3. 
Prohibition. 
A cigarette manufacturer may not directly 
or indirectly: 
A. 
Condition a retailer's receipt of consumer promotions or 
consumer 
price 
discounts 
on 
the 
retailer's 
conduct 
or 
actions 
relating 
to 
the 
manufacturer's 
products 
or 
the 
products of any other manufacturer, except for reguirements 
that the retailer: 
(1) 
Provide the promotion or discount to consumers; an4 
(2) 
Advertise 
and 
display 
the 
promotion 
and 
the 
promoted or discounted product to consumers; 
B. 
Require or cause the retailer to allocate a specified 
percentage 
or 
fraction 
of 
the 
retailer's merchandising, 
stocking, 
display, 
shelf 
or 
advertising 
space 
to 
the 
manufacturer; 
C. 
Prevent, restr ict or limit a retailer from stocking, 
advertising, displaying or participating in a program for 
another manufacturer's product; 
D. 
Prevent, restrict or limit the retailer from determining 
the size or location of the space that the retailer uses to 
stock, display, promote or advertise cigarettes; or 
E. 
Require the retailer to raise its prices on, or prevent 
the retailer from setting, retaining or reducing its prices 
on, another manufacturer's products. 
4. 
Application. 
With respect to any contract or agreement 
entered into on or before the effective date of this section, the 
requirements of this section apply and are enforceable only on 
and after the original date of the expiration of the contract or 
agreement, exclusive of any renewal or extension of the contract 
or agreement. 
5. 
Enforceme~t. 
The Attorney General may bring a civil 
action seeking equitable relief, including injunctive relief, to 
enforce this section. 
Any person who has been adversely affected 
by any act or practice declared unlawful by this section may 
bring 
an 
action 
for 
damages 
and equitable relief, 
including 
injunctive 
relief. 
If 
such 
a 
person prevails 
in 
obtaining 
monetary relief, 
injunctive relief, 
or both, 
the court shall 
award attorneys' fees, regardless of the amount in controversy, 
and assess costs against the opposing party. 
SUMMARY 
This bill allows cigarette manufacturers and retailers to 
enter 
into 
promotional 
or 
discount 
agreements 
but 
prohibits 
cigarette manufacturers from requiring that the retailer: 
1. 
Dedicate a specified percentage of its shelf space to 
the manufacturer; or 
2. 
Cease or limit its stocking of, or raise its prices on, 
cigarettes from a competing manufacturer. 
The bill also bars manufacturers from dictating the size or 
location of the space used by the retailer to stock. display. 
promote or advertise cigarettes. 
The bill does 
not 
apply 
to 
contracts 
or 
agreements 
in 
existence on its effective date, but would apply to renewals or 
extensions. 
The bill provides for enforcement by the Attorney 
General and by a private right of action.