Senate Bill 2814

AN ACT TO PROHIBIT THE USE OF COUPONS OR PRICE-REDUCTION INSTRUMENTS TO LOWER THE PRICE OF CIGARETTES, CERTAIN TOBACCO PRODUCTS AND VAPOR PRODUCTS; TO PRESCRIBE INJUNCTIVE AND CIVIL PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

      SECTION 1.  (1)  Definitions.  As used in this section:

(a) "Cigar" means any roll of tobacco for smoking that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece. Cigar does not include a little cigar as defined in this section.

(b) "Cigarette" means any roll for smoking made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco.

(c) "Electronic cigarette" means an electronic device that delivers vapor for inhalation. Electronic cigarette shall include any refill, cartridge, and any other component of an electronic cigarette. The term includes any such device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah or vape pen, or under any other product name or descriptor. Electronic cigarette shall not include any product approved by the Food and Drug Administration for sale as a drug or medical device.

(d) "Little cigar" means any roll of tobacco for smoking that is wrapped in leaf tobacco or in any substance containing tobacco and that weighs no more than four (4) pounds per thousand (1,000) or has a cellulose acetate or other integrated filter.

(e) "Listed price" means the price listed for cigarettes or tobacco products on their packages or on any related shelving, posting, advertising or display at the place where the cigarettes or tobacco products are sold or offered for sale, including all applicable taxes.

(f) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.

(g) "Price-reduction instrument" means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price.

            (h)  "Tobacco product" means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product.  Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, tobacco containing shisha, or dissolvable tobacco product.  Tobacco product shall not include cigarettes or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco-use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes.

     (2)  No person shall:

          (a)  Honor or accept a coupon or other price-reduction instrument in any transaction related to the sale of cigarettes to a consumer;

          (b)  Sell or offer for sale cigarettes to a consumer through any multipackage discount or otherwise provide to a consumer any cigarettes for less than the listed price in exchange for the purchase of any other cigarettes by the consumer;

          (c)  Sell, offer for sale, or otherwise provide any product other than cigarettes to a consumer for less than the listed price in exchange for the purchaser of cigarettes by the consumer; or

          (d)  Sell, offer for sale, or otherwise provide cigarettes to a consumer for less than the listed price.

     (3)  No person shall:

          (a)  Honor or accept a coupon or other price-reduction instrument in any transaction related to the sale of tobacco products to a consumer;

          (b)  Sell or offer for sale tobacco products to a consumer through any multipackage discount or otherwise provide to a consumer any tobacco product for less than the listed price in exchange for the purchase of any other tobacco product by the consumer;

          (c)  Sell, offer for sale, or otherwise provide any product other than a tobacco product to a consumer for less than the listed price in exchange for the purchase of a tobacco product by the consumer; or

          (d)  Sell, offer for sale, or otherwise provide tobacco products to a consumer for less than the listed price.

     (4)  No person shall:

          (a)  Honor or accept a coupon or other price-reduction instrument in any transaction related to the sale of an electronic cigarette to a consumer;

          (b)  Sell or offer for sale electronic cigarettes to a consumer through any multipackage discount or otherwise provide to a consumer any tobacco product for less than the listed price in exchange for the purchase of any other electronic cigarettes by the consumer;

          (c)  Sell, offer for sale, or otherwise provide any product other than an electronic cigarette to a consumer for less than the listed price in exchange for the purchase of an electronic cigarette by the consumer; or

          (d)  Sell, offer for sale, or otherwise provide electronic cigarettes to a consumer for less than the listed price.

     (5)  (a)  Whenever there shall be a violation of this section, an application may be made by the Attorney General in the name of the people of the State of Mississippi, to a court having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five (5) days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court that the defendant has, in fact, violated this section, an injunction may be issued by the court enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.  Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty in the following amounts:

              (i)  Up to One Thousand Dollars ($1,000.00) for a first violation within a five-year period;

              (ii)  Up to Two Thousand Dollars ($2,000.00) for a second violation within a five-year period; and

              (iii)  Up to Five Thousand Dollars ($5,000.00) for a third violation within a five-year period.

          (b)  No person shall be liable under this section for more than one (1) violation of subsection (2), (3) or (4) of this section during a single day.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.