C.__Prevent, restrict or limit a retailer from stocking, advertising, displaying or participating in a program for another manufacturer's product;

D.__Prevent, restrict or limit the retailer from determining the size or location of the space that the retailer uses to stock, display, promote or advertise cigarettes; or

E.__Require the retailer to raise its prices on, or prevent the retailer from setting, retaining or reducing its prices on, another manufacturer's products.

4.__Application.__With respect to any contract or agreement entered into on or before the effective date of this section, the requirements of this section apply and are enforceable only on and after the original date of the expiration of the contract or agreement, exclusive of any renewal or extension of the contract or agreement.

5.__Enforcement.__The Attorney General may bring a civil action seeking equitable relief, including injunctive relief, to enforce this section.__Any person who has been adversely affected by any act or practice declared unlawful by this section may bring an action for damages and equitable relief, including injunctive relief.__If such a person prevails in obtaining monetary relief, injunctive relief, or both, the court shall award attorneys' fees, regardless of the amount in controversy, and assess costs against the opposing party.

SUMMARY

This bill allows cigarette manufacturers and retailers to enter into promotional or discount agreements but prohibits cigarette manufacturers from requiring that the retailer:

1. Dedicate a specified percentage of its shelf space to the manufacturer; or

2. Cease or limit its stocking of, or raise its prices on, cigarettes from a competing manufacturer.

The bill also bars manufacturers from dictating the size or location of the space used by the retailer to stock, display, promote or advertise cigarettes.