[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2914 Introduced in House (IH)]







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 Representatives 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 attorney 
        general or other chief law enforcement officer of a State, or 
        the designee thereof;
            (2) the term ``tobacco products'' means cigarettes, 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 constitute a violation of section 2, the attorney general may 
bring a civil action in accordance with this section for injunctive 
relief (including a preliminary or permanent injunction or other order) 
against the person, as the attorney general determines to be necessary 
to restrain the person from engaging, or continuing to engage, in the 
violation.
    (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 Orders.--
            (1) In general.--In any action brought under this 
        subsection (b), upon a proper showing by the attorney 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 permanent 
        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 preliminary 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 document, 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 
                        participation 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 authorized 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 occurring after the date of the 
enactment of this Act.
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