CIGARETTE TAX-GRAY MARKET CIGS
Synopsis of Bill as introduced:
Amends the Cigarette Tax Act and the Cigarette Use Tax Act.
Provides that cigarettes imported or reimported into the United States
for sale or distribution under any trade name, trade dress, or
trademark that is the same as, or is confusingly similar to, any trade
name, trade dress, or trademark used for cigarettes manufactured in
the United States for sale or distribution in the United States shall
be presumed to have been purchased outside of the ordinary channels of
trade. Provides that any person may bring an action for appropriate
equitable relief for (i) a violation of the provisions concerning the
federal Cigarette Labeling and Advertising Act and certain provisions
of the Code of Federal Regulations with regard to stamps, (ii) actual
damages, if any, sustained by reason of the violation, and (iii) as
determined by the court, interest on the damages from the date of the
complaint, taxable costs, and reasonable attorney's fees. Provides
for treble damages in some circumstances. Effective immediately.
HOUSE AMENDMENT NO. 1.
Deletes reference to:
35 ILCS 130/3
35 ILCS 135/3
Adds reference to:
35 ILCS 130/3-10 new
35 ILCS 135/3-10 new
815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
Deletes everything. Amends the Cigarette Tax Act and the
Cigarette Use Tax Act. Provides that it is unlawful for any person
(1) to sell or distribute in this State; to acquire, hold, own,
possess, or transport for sale or distribution in this State; or to
import or cause to be imported into this State for sale or
distribution in this State any cigarettes intended for export; (2) to
alter the package of any cigarettes, prior to sale or distribution to
the ultimate consumer, so as to remove, conceal, or obscure any
statement, label, stamp, sticker, or notice required by law or any
health warning required by law; or (3) to affix any stamp required
pursuant to these Acts to the package of any cigarettes described in
clauses (1) or (2). Provides for administrative sanctions and includes
other provisions for the implementation of these prohibitions. Amends
the Consumer Fraud and Deceptive Business Practices Act to provide
that a violation of these prohibitions with respect to cigarettes or
certain reporting requirements is an unlawful practice under the Act.
HOUSE AMENDMENT NO. 2.
Changes the basis for punishment. Makes a technical correction.
Last action on Bill: PUBLIC ACT.............................. 91-0810
Last action date: 00-06-13
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0
END OF INQUIRY
Full Text Bill Status