To prohibit the sale of tobacco products through the Internet or other indirect means to individuals under the age of 18, and for other purposes.

December 11, 2001

Mr. MEEHAN introduced the following bill; which was referred to the Committee on Energy and Commerce

To prohibit the sale of tobacco products through the Internet or other indirect means to individuals under the age of 18, and for other purposes.

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. UNLAWFUL ACTS REGARDING SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER AGE OF 18.

(a) IN GENERAL- It shall be unlawful for any person who is in the business of selling tobacco products, and who advertises such products through the Internet or any other means, to sell such a product to an individual under the age of 18 if pursuant to the sale the person mails the product, or ships the product by carrier in or affecting interstate commerce.

(b) PROCEDURES FOR CERTAIN PURCHASE ORDERS- It shall be unlawful for any person in the business of selling tobacco products to take a covered purchase order for such a product through the mail, or through any telecommunications means (including by telephone, facsimile, or the Internet), if in providing for the sale or delivery of the product pursuant to such purchase order the person mails the product, or ships the product by carrier in or affecting interstate commerce, and the person fails to comply with any of the following procedures:

(1) Before mailing or shipping the product, the person received from the individual who placed the order the following:

(A) A copy of a government-issued document (license or otherwise) that provides the name of the individual, the address of the individual, and the date of birth of the individual.

(B) An e-mail address and social security number for the individual.

(C) A signed statement in writing from the individual providing that the individual certifies that such document and information correctly identifies the individual and correctly states the address, date of birth, e-mail address, and social security number of the individual, that the individual understands that forging another person's signature is illegal, and that the individual understands that tobacco sales to minors are illegal and that tobacco purchases by minors may be illegal under applicable state law.

(2) Before mailing or shipping the product, the person--

(A) verified the information submitted by the individual against a database of government-issued identification;

(B) verified the e-mail address submitted by the individual against e-mail databases;

(C) sends an e-mail to the e-mail address provided by the individual, requesting return e-mail confirmation of the specific purchase order;

(D) receives return e-mail confirmation for the specific purchase order by the individual; and

(E) sends a letter to the individual requesting confirmation of the specific purchase order and requesting that the individual reply immediately (to a specified toll-free phone number or e-mail address) if the individual did not submit the purchase order.

(3) Before mailing or shipping a tobacco product advertised on the Internet to an individual, the person receives payment by credit card.

(4) The person provides for the mailing or shipping of the product to the same name and address as is provided on such government-issued document.

(5) The person provides for the mailing or shipping of the product in a package that bears a clear and conspicuous label providing as follows: `TOBACCO PRODUCT: FEDERAL LAW PROHIBITS SHIPPING TO INDIVIDUAL UNDER THE AGE OF 18; STATE LAW MAY PROVIDE HIGHER MINIMUM AGE'.

(6) The person employs a method of mailing or shipping that requires that the addressee personally sign for delivery of the package.

(7) The person notifies the carrier for the mailing or shipping, in writing, of the age of the addressee as indicated by the government-issued document provided pursuant to paragraph (1)(A).

(8) The person employs a method of mailing or shipping under which the individual who signs for the package pursuant to paragraph (6) takes delivery of the package only after producing a form of identification that bears a photograph and the same name as the addressee on the package, and that indicates that the individual is not younger than the age indicated on the government-issued document provided pursuant to paragraph (1)(A).

(c) COVERED PURCHASE ORDER- It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless such website contains, on the part of each website page relating to sale of such products that is immediately visible when accessed, a prominent and clearly legible warning label stating that tobacco-product sales to persons under 18 are illegal in all States.

(d) ADVERTISING THROUGH INTERNET; WARNING LABEL- It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless such website contains, on the part of each website page relating to sale of such products that is immediately visible when accessed, a prominent and clearly legible warning label described in sections 4(a)(1) and 4(b)(2) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(a)(1) and 1333(b)(2)).

(e) ADVERTISING THROUGH INTERNET; ACCESS- It shall be unlawful for any person in the business of selling tobacco products to advertise such products for sale through an Internet website unless access to the website (other than a non-selling website home page) is provided only to individuals who provide to the person the information described in subsections (b)(1)(A) and (b)(1)(B) and whose information is verified according to the procedures described in subsections (b)(2)(A) and (b)(2)(B).

(f) RULE OF CONSTRUCTION REGARDING CARRIERS- This Act may not be construed as imposing liability upon the Postal Service or any other carrier, or officers or employees thereof, when acting within the scope of business of the Postal Service or other carrier, respectively.

SEC. 3. FEDERAL TRADE COMMISSION.

(a) CIVIL ENFORCEMENT- For purposes of the enforcement of section 2 by the Federal Trade Commission, a violation of a provision of subsection (a) or (b) of such section shall be deemed to be an unfair or deceptive act or practice in or affecting commerce within the meaning of the Federal Trade Commission Act, and the procedures under section 5(b) of such Act shall apply with respect to such a violation.

(b) REGULATIONS- Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate a final rule for carrying out this Act.

(c) INFORMATION REGARDING STATE LAWS ON MINIMUM PURCHASE-AGE- The Commission shall post on the Internet site of the Commission information that, by State, provides the minimum age at which it is legal under State law to purchase tobacco products in the State.

SEC. 4. CRIMINAL PENALTIES.

(a) IN GENERAL-

(1) FIRST VIOLATION- Except as provided in paragraph (2), any person who violates a provision of subsection (a) or (b) of section 2 shall be fined not more than $1,000.

(2) SUBSEQUENT VIOLATIONS- In the case of a second or subsequent violation by a person of a provision of subsection (a) or (b) of section 2, the person shall be fined not less than $1,000 and not more than $5,000.

(3) RULE OF CONSTRUCTION- This subsection does not apply to a violation of a provision of subsection (a) or (b) of section 2 if any provision of subsection (b) of this section applies to such violation.

(b) KNOWING VIOLATIONS-

(1) FIRST VIOLATION- Except as provided in paragraph (2), any person who knowingly violates a provision of subsection (a) or (b) of section 2 shall be fined in accordance with title 18, United States Code, or imprisoned not more than two years, or both.

(2) SUBSEQUENT VIOLATIONS- In the case of a second or subsequent knowing violation by a person of a provision of subsection (a) or (b) of section 2, the person shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both.

SEC. 5. FEDERAL CIVIL ACTIONS BY STATE ATTORNEYS GENERAL.

(a) INJUNCTIVE RELIEF- A State, through its State attorney general, may on behalf of residents of the State bring in its own name, and in an appropriate district court of the United States, a civil action to restrain violations by a person of any provision of subsection (a) or (b) of section 2, including obtaining a preliminary or permanent injunction or other order against the person.

(b) COORDINATION WITH COMMISSION- Before bringing a civil action under subsection (a), a State attorney general shall provide to the Commission written notice of the intent of the State attorney general to bring the action.

(c) FEDERAL JURISDICTION-

(1) IN GENERAL- The district courts of the United States shall have jurisdiction over any civil action under subsection (a).

(2) VENUE- A civil action under subsection (a) 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 civil action under subsection (a), upon a proper showing by the State attorney general involved, 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 a civil action under subsection (a) 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 subsection (a) 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. 6. DEFINITIONS.

For purposes of this Act:

(1) The term `Commission' means the Federal Trade Commission.

(2) The term `covered purchase order', with respect to a tobacco product, has the meaning given such term in section 2(c).

(3) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands.

(4) The term `State attorney general' means the attorney general or other chief law enforcement officer of a State, or the designee thereof.

(5) The term `tobacco product' means any product made or derived from tobacco that is intended for human consumption, including cigarettes, cigars, smokeless tobacco, pipe tobacco, and the product known as a bidi.

SEC. 7. EFFECTIVE DATE.

This Act takes effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, except that the authority of the Commission under section 3(b) to commence the process of rulemaking is effective on such date of enactment. Section 2 applies with respect to sales of tobacco products occurring on or after the expiration of such 90-day period, without regard to whether a final rule has been promulgated under section 3(b).

END