2017 ORS 180.451¹
Civil remedies for violation of ORS 180.441
  • penalty

(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 (Prohibited shipping) or for the purpose of seeking an injunction to restrain an actual or threatened violation of ORS 180.441 (Prohibited shipping) and compel compliance with ORS 180.441 (Prohibited shipping).

(2) If a court determines that a person violated ORS 180.441 (Prohibited shipping), 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 (Tobacco Enforcement Fund).

(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 (Civil penalty procedures).

(b) For the purposes of this subsection, each shipment or transport of cigarettes 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. [2017 c.687 §11]

Note: See note under 180.400 (Legislative findings).

Chapter 180

Notes of Decisions

State Accident Insurance Fund Corpora­tion is subject to the pro­vi­sions of this chapter relating to legal representa­tion. Frohnmayer v. SAIF, 61 Or App 147, 655 P2d 1098 (1982), aff’d 294 Or 570, 660 P2d 1061 (1983)

Atty. Gen. Opinions

Legal business of Oregon Medical Insurance Pool is not part of state’s legal affairs and Attorney General may not provide advice or legal assistance to pool or its board of directors except at request of state of­fi­cer or agency, (1989) Vol 46, p 155

1 Legislative Counsel Committee, CHAPTER 180—Attorney General; Department of Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors180.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 180, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano180.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.