§ 75-23-41. Enforcement of this article; injunctive or other equitable relief

MS Code § 75-23-41 (2019) (N/A)

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(1) This article shall be enforced by the Attorney General, local district attorneys and local county prosecuting attorneys. The authority enforcing this article may request the assistance of local law enforcement agencies, and local law enforcement agencies receiving a request for assistance in the enforcement of this article shall provide the necessary assistance.

(2) The commission may provide assistance to the enforcing authority, including, but not limited to, the providing of information to the enforcing authority. The commission and any enforcing authority may request information from each other and from any other state agency, local or federal agency, or permittee.

(3) In addition to any other remedy provided by law, any person may bring an action for appropriate injunctive or other equitable relief, actual damages, if any, sustained by reason of a violation of this article, interest, reasonable attorney’s fees and court costs. For purposes of promoting enforcement of this article, information identifying which permittee affixed the tax stamp to a particular package of cigarettes shall be public information.

(4) If the trier of fact finds that the violation is egregious, it may increase recovery to an amount not in excess of three (3) times the actual damages sustained by reason of the violation.

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§ 75-23-39. Presumption that imported cigarettes with confusingly similar trade name or trademark to that of domestic brand have been purchased outside ordinary channels of trade

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§ 75-23-43. This article inapplicable to cigarettes imported for personal use and/or sold as duty-free merchandise; penalties additional to other penalties