Vermont § 7786 - Gray marketed cigarettes

§ 7786. Gray marketed cigarettes

• (a) No person shall affix a cigarette stamp to or sell or offer for sale in this State
  any package or container of cigarettes if: (1) the container or package does not comply with all the requirements of the federal
  Cigarette Labeling and Advertising Act (15 U.S.C. § 1331 et seq.) for the placement of labels, warnings, or any other information upon a package
  of cigarettes that is to be sold within the United States; (2) the container or package has been imported into the United States after January 1,
  2000, in violation of 26 U.S.C. § 5754; (3) the container or package, including a container of individually stamped containers
  or packages is labeled “For Export Only,” “U.S. Tax Exempt,” “For Use Outside U.S.,”
  or similar wording indicating that the manufacturer did not intend that the product
  be sold in the United States; or (4) the container or package has been altered by marking or deleting the wording described
  in subdivision (3) of this subsection. (b) Any cigarettes described in subdivision (a)(1), (2), (3), or (4) of this section and
  found in this State are declared to be contraband goods and may be seized without
  a warrant by the Commissioner, the Commissioner’s agents or employees, or by any peace
  officer of this State when directed by the Commissioner to do so, unless the owner
  of the cigarettes produces sufficient evidence that the cigarettes are in transit
  through the State for sale outside the United States. Nothing herein shall be construed
  to require the Commissioner to confiscate cigarettes when the Commissioner shall have
  reason to believe that the owner thereof has possession of the same for personal consumption.
  Any cigarettes seized under this section shall be destroyed by the Commissioner. The
  seizure of any cigarettes under the provisions of this section shall not relieve any
  person from a fine or other penalty for violation of this chapter. (c) A violation of any provision of this section shall also constitute an unfair or deceptive
  act and practice in commerce prohibited under 9 V.S.A. § 2453 and shall be subject to enforcement and to the rights and remedies provided for under
  9 V.S.A. chapter 63. (d) Any person may bring an action for appropriate injunctive or other equitable relief
  for a violation of this section; actual damages, if any, sustained by reason of the
  violation; and, as determined by the court, interest on the damages from the date
  of the complaint, taxable costs, and reasonable attorney’s fees. If the trier of fact
  finds that the violation is flagrant, it may increase recovery to any amount not in
  excess of three times the actual damages sustained by reason of the violation. (Added 1999, No. 101 (Adj. Sess.), § 2.)