§ 59-1515 — Sale of cigarettes; actions; remedies

(1) An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any of the provisions of sections 59-1501 to 59-1518 . Such an action may be instituted by any person injured by any violation or threatened violation of sections 59-1501 to 59-1518 or by the Attorney General, upon the request of the division. If in such action a violation or threatened violation of the provisions of sections 59-1501 to 59-1518 shall be established, the court shall enjoin and restrain, or otherwise prohibit such violation or threatened violation. In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in such action, in addition to such injunctive relief and costs of suit, including reasonable attorney's fees, shall be entitled to recover from the defendant the actual damages sustained by such plaintiff.
(2) If no injunctive relief is sought or required, any person injured by a violation of sections 59-1501 to 59-1518 may maintain an action for damages and costs of suit in any court of competent jurisdiction.

Legislative History

Source: Laws 1965, c. 364, § 15, p. 1192.