(1) The Attorney General may bring a civil action in the name of the State of Oregon against a person who violates ORS 180.441 or for the purpose of seeking an injunction to restrain an actual or threatened violation of ORS 180.441 and compel compliance with ORS 180.441. (2) If a court determines that a person violated ORS 180.441, the court shall order the disgorgement of any profits, gain, gross receipts or other benefit from the violation. All moneys disgorged under this subsection must be deposited in the Tobacco Enforcement Fund established under ORS 180.205. (3)(a) In any action brought pursuant to this section, the state may recover the costs of the investigation, the costs of the action, reasonable attorney fees and a civil penalty for each violation, not to exceed $5,000 per violation. A civil penalty imposed under this section must be imposed in the manner provided by ORS 183.745. (b) For the purposes of this subsection, each shipment or transport of cigarettes, inhalant delivery systems or smokeless tobacco products constitutes a separate violation. (4) Unless expressly provided, the remedies or penalties under this section are cumulative to each other and to the remedies available under all other laws of this state. Note: See note under 180.400.
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