§378 Enforcement

Summary

Federal trial courts can stop people or companies from breaking the rules in this law and can order fair remedies, including money damages. The Attorney General must run and enforce the law. A State (through its attorney general), or a local government or Indian tribe that collects the kind of tax mentioned in section 376a(a)(3) (through its chief law officer), can file a federal lawsuit to stop violations and seek penalties, money, or court orders. Those governments keep their usual legal protections from being sued without consent. They can also give evidence of violations to the Attorney General or a U.S. attorney, who must act to enforce the law. People holding the permit described in 26 U.S.C. 5712 (permitted tobacco manufacturers, importers, or export warehouse owners) can file suit in federal court too, but not against a State, local government, or tribe. Half of any federal criminal and civil penalties collected for enforcing this law must go into a Treasury account called the “PACT Anti-Trafficking Fund.” Of the money the Attorney General can use from that fund, at least half must be given to the Justice Department agencies or offices that handled the enforcement or investigations. Government and private remedies under this law do not replace other federal, state, local, or tribal remedies. Anyone who files a private suit must tell the Attorney General, and it is expected that State, local, or tribal lawyers who sue will also inform the Attorney General. The Attorney General must publish enforcement actions and responses and must report to Congress yearly, starting within 1 year after March 31, 2010, and continuing each year until 5 years after March 31, 2010.