An Act To Protect Minors from Pharmaceutical Marketing Practices
Maine Legislature, Session 124, LD 1677
Committee: Judiciary
Sponsors: SCHNEIDER, CLEARY, JOHNSON, RUSSELL, SMITH, TREAT

Legislative Document 
No. 1677 
S.P.649 
In Senate, January 6,2010 
An Act To Protect Minors from Pharmaceutical Marketing 
Practices 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Judiciary suggested and ordered printed . 
Presented by Senator SCHNEIDER of Penobscot. 
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JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: CLEARY of Houlton, JOHNSON of Greenville and 
Representatives: RUSSELL of Portland, SMITH of Monmouth, TREAT of Hallowell. 
Printed on recycled paper 
Be it enacted by the People of tile State of Maine as follows: 
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Sec. L 10 MRSA c. 1055, as a~ended, is repealed. 
Sec.2. 10 MRSA c. 1057 is enacted to,read: 
CHAPTER 1057 
PHARMACEUTICAL MARKETING TO MINORS 
§9561. Unlawful pharmaceutical marketing to minors 
1. Definition. As used 'in this section, "minor" means a person who is at least 13 
years of age and under 17 years of age. 
2. Prohibition. A person may not collect and use personal information collected on 
the Internet from a minor for the pumoses of pharmaceutical marketing in 'violation of 
rules adopted by the Attorney General under subsection 3. 
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3. Rules. In order to ensure the health and safety of minors, no later than one year 
after the effective date of this section, the Attorney General shall adopt rules governing 
the collection and use of personal information collected on the Internet from a minor for 
the purposes of pharmaceutical marketing. The rules must be consistent with and to the 
extent possible the same as those established under the federal Children's Online Privacy 
Protection Act of 1998, 15 United States Code, Sections 6501 to 6506 (2007) and 16 
Code of Federal Regulations, Part 312 (1999). The rules must define "pharmaceutical 
marketing" in a manner that includes the business of advertising or otherwise promoting 
the sale of prescription. and over-the-counter drugs, as regulated by the United States 
Food and Drug Administration pursuant to the Federal Food, Drug and Cosmetic Act, 21 
United States Code, Chapter 9, and that ensures the adequate protection of the health and 
safety of minors. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 315, subchapter 2-A. 
4. Unfair trade practice. Violation of subsection 2 is an unfair trade practice as 
prohibited under Title 5, section 207. The Attorney General may establish procedures for 
receiving and investigating complaints of violations ofsubsectio-n 2. 
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SUMMARY 
This biII prohibits the collection and use of personal information collected on the 
Internet from a minor who is at least 13 years of age and under 17 years of age for the 
purposes of pharmaceutical marketing in violation of rules adopted by the Attorney 
General. The bill requires the Attorney General to adopt rules consistent with the federal 
Children's Online Privacy Protection Act of 1998, 15 United States Code, Sections 6501 
to 6506 (2007) and 16 Code of Federal Regulations, Part 312 (1999), which regulates the 
collection and use of personal information from children under 13 years of age on the 
Internet. 
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The rules, which are routine technical rules, must define "pharmaceutical marketing" 
in a manner that includes the business of advertising or otherwise promoting the sale of 
prescription and over-the-counter drugs,as regulated by the United States Food and Drug 
Administration, and en~ures the adequate protection of the health and safety of minors 
who are at least 13 years of age and under 17 years of age. The bill establishes that a 
violation is an unfair trade practice as prohibited by the Maine Unfair Trade Practices 
Act..