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15 U.S.C. § 378 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The United States district courts shall have jurisdiction to prevent and restrain violations of this chapter and to provide other appropriate injunctive or equitable relief, including money damages, for the violations.
**(b) Authority of the Attorney General** The Attorney General of the United States shall administer and enforce this chapter.
**(c) State, local, and tribal enforcement**
(1) **In general**
(A) *Standing* — A State, through its attorney general, or a local government or Indian tribe that levies a tax subject to [section 376a(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section376a/a/3&num=0&edition=prelim), through its chief law enforcement officer, may bring an action in a United States district court to prevent and restrain violations of this chapter by any person or to obtain any other appropriate relief from any person for violations of this chapter, including civil penalties, money damages, and injunctive or other equitable relief.
(B) *Sovereign immunity* — Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government or Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government or Indian tribe.
(2) **Provision of information** — A State, through its attorney general, or a local government or Indian tribe that levies a tax subject to [section 376a(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section376a/a/3&num=0&edition=prelim), through its chief law enforcement officer, may provide evidence of a violation of this chapter by any person not subject to State, lo
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Source location: Title 15, Chapter 10A, § 378; chapter-10a-collection-of-state-cigarette-taxes.md
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**(a) In general** The United States district courts shall have jurisdiction to prevent and restrain violations of this chapter and to provide other appropriate injunctive or equitable relief, including money damages, for the violations.
**(b) Authority of the Attorney General** The Attorney General of the United States shall administer and enforce this chapter.
**(c) State, local, and tribal enforcement**
(1) **In general**
(A) *Standing* — A State, through its attorney general, or a local government or Indian tribe that levies a tax subject to [section 376a(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section376a/a/3&num=0&edition=prelim), through its chief law enforcement officer, may bring an action in a United States district court to prevent and restrain violations of this chapter by any person or to obtain any other appropriate relief from any person for violations of this chapter, including civil penalties, money damages, and injunctive or other equitable relief.
(B) *Sovereign immunity* — Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government or Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government or Indian tribe.
(2) **Provision of information** — A State, through its attorney general, or a local government or Indian tribe that levies a tax subject to [section 376a(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section376a/a/3&num=0&edition=prelim), through its chief law enforcement officer, may provide evidence of a violation of this chapter by any person not subject to State, local, or tribal government enforcement actions for violations of this chapter to the Attorney General of the United States or a United States attorney, who shall take appropriate actions to enforce this chapter.
(3) **Use of penalties collected**
(A) *In general* — There is established a separate account in the Treasury known as the “PACT Anti-Trafficking Fund”. Notwithstanding any other provision of law and subject to subparagraph (B), an amount equal to 50 percent of any criminal and civil penalties collected by the Federal Government in enforcing this chapter shall be transferred into the PACT Anti-Trafficking Fund and shall be available to the Attorney General of the United States for purposes of enforcing this chapter and other laws relating to contraband tobacco products.
(B) *Allocation of funds* — Of the amount available to the Attorney General of the United States under subparagraph (A), not less than 50 percent shall be made available only to the agencies and offices within the Department of Justice that were responsible for the enforcement actions in which the penalties concerned were imposed or for any underlying investigations.
(4) **Nonexclusivity of remedy**
(A) *In general* — The remedies available under this section and [section 377 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section377&num=0&edition=prelim) are in addition to any other remedies available under Federal, State, local, tribal, or other law.
(B) *State court proceedings* — Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized State official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of State or other law.
(C) *Tribal court proceedings* — Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized Indian tribal government official to proceed in tribal court, or take other enforcement actions, on the basis of an alleged violation of tribal law.
(D) *Local government enforcement* — Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized local government official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of local or other law.
**(d) Persons dealing in tobacco products** Any person who holds a permit under [section 5712 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5712&num=0&edition=prelim) (regarding permitting of manufacturers and importers of tobacco products and export warehouse proprietors) may bring an action in an appropriate United States district court to prevent and restrain violations of this chapter by any person other than a State, local, or tribal government.
**(e) Notice**
(1) **Persons dealing in tobacco products** — Any person who commences a civil action under subsection (d) shall inform the Attorney General of the United States of the action.
(2) **State, local, and tribal actions** — It is the sense of Congress that the attorney general of any State, or chief law enforcement officer of any locality or tribe, that commences a civil action under this section should inform the Attorney General of the United States of the action.
**(f) Public notice**
(1) **In general** — The Attorney General of the United States shall make available to the public, by posting information on the Internet and by other appropriate means, information regarding all enforcement actions brought by the United States, or reported to the Attorney General of the United States, under this section, including information regarding the resolution of the enforcement actions and how the Attorney General of the United States has responded to referrals of evidence of violations pursuant to subsection (c)(2).
(2) **Reports to Congress** — Not later than 1 year after March 31, 2010, and every year thereafter until the date that is 5 years after March 31, 2010, the Attorney General of the United States shall submit to Congress a report containing the information described in paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the following definitions apply:
(1) **Attorney general** — The term “attorney general”, with respect to a State, means the attorney general or other chief law enforcement officer of the State.
(2) **Cigarette**
(A) *In general* — The term “cigarette”—
(i) has the meaning given that term in [section 2341 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2341&num=0&edition=prelim); and
(ii) includes—
(I) roll-your-own tobacco (as defined in [section 5702 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5702&num=0&edition=prelim)); and
(II) an electronic nicotine delivery system.
(B) *Exception* — The term “cigarette” does not include a cigar (as defined in [section 5702 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5702&num=0&edition=prelim)).
(3) **Common carrier** — The term “common carrier” means any person (other than a local messenger service or the United States Postal Service) that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise (regardless of whether the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided) between a port or place and a port or place in the United States.
(4) **Consumer** — The term “consumer”—
(A) means any person that purchases cigarettes or smokeless tobacco; and
(B) does not include any person lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco.
(5) **Delivery sale** — The term “delivery sale” means any sale of cigarettes or smokeless tobacco to a consumer if—
(A) the consumer subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 375
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Federal law — U.S. Code and appendices · legal_authorities
Every person, before commencing business as a manufacturer or importer of tobacco products or processed tobacco or as an export warehouse proprietor, and at such other time as the Secretary shall by regulation prescribe, shall make application for the permit provided for in section 5713. The application shall be in such form as the Secretary shall prescribe and shall set forth, truthfully and accurately, the information called for on the form. Such application may be rejected and the permit denied if the Secretary, after notice and opportunity for hearing, find that—
(1) the premises on which it is proposed to conduct the business are not adequate to protect the revenue;
(2) the activity proposed to be carried out at such premises does not meet such minimum capacity or activity requirements as the Secretary may prescribe,11 So in original. The comma probably should be a semicolon. or
(3) such person (including, in the case of a corporation, any officer, director, or principal stockholder and, in the case of a partnership, a partner)—
(A) is, by reason of his business experience, financial standing, or trade connections or by reason of previous or current legal proceedings involving a felony violation of any other provision of Federal criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, not likely to maintain operations in compliance with this chapter,
(B) has been convicted of a felony violation of any provision of Federal or State criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, or
(C) has failed to disclose any material information required or made any material false statement in the application therefor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5712
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalties**
(1) **In general** — Except as provided in paragraph (2), whoever knowingly violates this chapter shall be imprisoned for not more than 3 years, fined under title 18, or both.
(2) **Exceptions**
(A) *Governments* — Paragraph (1) shall not apply to a State, local, or tribal government.
(B) *Delivery violations* — A common carrier or independent delivery service, or employee of a common carrier or independent delivery service, shall be subject to criminal penalties under paragraph (1) for a violation of [section 376a(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section376a/e&num=0&edition=prelim) only if the violation is committed knowingly—
(i) as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value; or
(ii) for the purpose of assisting a delivery seller to violate, or otherwise evading compliance with, [section 376a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section376a&num=0&edition=prelim).
**(b) Civil penalties**
(1) **In general** — Except as provided in paragraph (3), whoever violates this chapter shall be subject to a civil penalty in an amount not to exceed—
(A) in the case of a delivery seller, the greater of—
(i) $5,000 in the case of the first violation, or $10,000 for any other violation; or
(ii) for any violation, 2 percent of the gross sales of cigarettes or smokeless tobacco of the delivery seller during the 1-year period ending on the date of the violation.
(B) in the case of a common carrier or other delivery service, $2,500 in the case of a first violation, or $5,000 for any violation within 1 year of a prior violation.
(2) **Relation to other pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 377
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Federal law — U.S. Code and appendices · legal_authorities
Page 737
TITLE 15—COMMERCE AND TRADE
§ 378
(Oct. 19, 1949, ch. 699, § 3, as added Pub. L. 111–154,
§ 2(d), Mar. 31, 2010, 124 Stat. 1100.)
Editorial Notes
PRIOR PROVISIONS
A prior section 377, act Oct. 19, 1949, ch. 699, § 3, 63
Stat. 885; Aug. 9, 1955, ch. 695, § 1, 69 Stat. 628, which re-
lated to penalties for violations of any provision of this
chapter, was repealed, effective on the date that is 90
days after March 31, 2010, by Pub. L. 111–154, §§ 2(d), 6,
Mar. 31, 2010, 124 Stat. 1100, 1110.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the date that is 90 days after
March 31, 2010, see section 6 of Pub. L. 111–154, set out
as an Effective Date of 2010 Amendment note under sec-
tion 375 of this title.
§ 378. Enforcement
(a) In general
The United States district courts shall have
jurisdiction to prevent and restrain violations of
this chapter and to provide other appropriate in-
junctive or equitable relief, including money
damages, for the violations.
(b) Authority of the Attorney General
The Attorney General of the United States
shall administer and enforce this chapter.
(c) State, local, and tribal enforcement
(1) In general
(A) Standing
A State, through its attorney general, or a
local government or Indian tribe that levies
a tax subject to section 376a(a)(3) of this
title, through its chief law enforcement offi-
cer, may bring an action in a United States
district court to prevent and restrain viola-
tions of this chapter by any person or to ob-
tain any other appropriate relief from any
person for violations of this chapter, includ-
ing civil penalties, money damages, and in-
junctive or other equitable relief.
(B) Sovereign immunity
Nothing in this chapter shall be deemed to
abrogate or constitut
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 378
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.