(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. [2017 c.687 §11; 2021 c.179 §4]
Note: See note under 180.400.
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 180 - Attorney General; Department of Justice
Section 180.060 - Powers and duties of Attorney General.
Section 180.073 - Subpoena authority in criminal investigation.
Section 180.075 - Disclosure of information obtained under subpoena.
Section 180.095 - Department of Justice Protection and Education Revolving Account.
Section 180.096 - Use of Countrywide Financial Corporation settlement proceeds.
Section 180.125 - Intergovernmental road maintenance agreements.
Section 180.140 - Other assistants; salaries; representation of indigent clients.
Section 180.160 - Charges for services to public agencies; rules.
Section 180.180 - Department of Justice Operating Account.
Section 180.200 - Department of Justice Client Trust Account.
Section 180.205 - Tobacco Enforcement Fund.
Section 180.220 - Powers and duties.
Section 180.235 - Authority of agency to employ counsel; qualification and salary; status.
Section 180.260 - Service of process by department employees.
Section 180.267 - Authority of Department of Justice to require fingerprints.
Section 180.269 - Biennial litigation reports to Legislative Assembly.
Section 180.345 - Child Support Program; rules.
Section 180.365 - Child Support Suspense Fund.
Section 180.380 - Disclosure of information to authorized persons.
Section 180.400 - Legislative findings.
Section 180.405 - Definitions.
Section 180.410 - Manufacturer certification.
Section 180.415 - Nonparticipating manufacturer certification; rules.
Section 180.416 - Nonparticipating manufacturer bond; rules.
Section 180.420 - Document retention period.
Section 180.425 - Attorney General’s directory; rules.
Section 180.430 - Nonresident nonparticipating manufacturer service agent.
Section 180.440 - Prohibited conduct; penalty.
Section 180.441 - Prohibited shipping; in-person sale required.
Section 180.445 - Quarterly escrow deposits; rules.
Section 180.448 - Attorney General investigative demand.
Section 180.450 - Judicial review; civil remedies; rules.
Section 180.451 - Civil remedies for violation of ORS 180.441; penalty.
Section 180.468 - Definitions.
Section 180.471 - Manufacturer certification.
Section 180.474 - Nonparticipating manufacturer certification; rules.
Section 180.477 - Attorney General’s directory; rules.
Section 180.480 - Nonresident nonparticipating manufacturer service agent.
Section 180.486 - Prohibited conduct; penalty.
Section 180.489 - Quarterly escrow deposits; rules.
Section 180.491 - Judicial review; civil remedies; rules.
Section 180.540 - Review of consumer contracts for conformity with plain language standards.
Section 180.545 - Plain language standards; approval; fees.
Section 180.550 - Compliance statement.
Section 180.555 - Exemptions; effect of certification; admissibility.
Section 180.600 - Definitions.
Section 180.610 - Investigation of organized criminal activity; powers and duties of department.
Section 180.640 - Criminal Justice Revolving Account.
Section 180.700 - Advisory committee; rules.
Section 180.710 - Program reviews.
Section 180.720 - Hope Card Program; rules.
Section 180.750 - Definitions.
Section 180.755 - Prohibited acts.
Section 180.760 - Civil action for violation; remedies; penalty.
Section 180.765 - Statute of limitation.
Section 180.775 - Investigative demand.
Section 180.780 - Distribution of recovered amounts.