§480-3.1 Civil penalty. Any person, firm, company, association, or corporation violating any of the provisions of section 480-2 shall be fined a sum of not less than $500 nor more than $10,000 for each violation, which sum shall be collected in a civil action brought by the attorney general or the director of the office of consumer protection on behalf of the State. The penalties provided in this section are cumulative to the remedies or penalties available under all other laws of this State. Each day that a violation of section 480-2 occurs shall be a separate violation. [L 1968, c 10, §2; am L 1975, c 92, §1 and c 156, §1; am L 1986, c 9, §1]
Divestiture is not available remedy in private action. 518 F.2d 913.
Where the State brought an action against several pharmaceutical companies for allegedly deceptive drug marketing, and the pharmaceutical companies sought an injunction against the state court litigation on the basis that it violated their First Amendment rights, the appellate court found that: (1) although the state proceeding was being litigated by private counsel, it was still an action brought by the State; (2) the State's action had been brought under this section, which punishes those who engage in deceptive acts in commerce; and (3) the state court litigation was a quasi-criminal enforcement proceeding and, therefore, the Younger abstention barred a federal court from interfering. 979 F.3d 732 (2020).
Where the State brought an action against pharmaceutical companies for allegedly false and deceptive drug marketing and labeling, and the pharmaceutical companies sought to dismiss the state court litigation on the basis that it violated their First Amendment rights, the district court found that abstaining under Younger was necessary because: (1) the state court litigation was a quasi-criminal enforcement proceeding; (2) state actions to enforce consumer protection laws against unfair and deceptive business practices were sufficiently important for Younger purposes; and (3) despite plaintiffs' argument that their First Amendment claim constitutes an extraordinary circumstance that may cause irreparable harm due to the state action possibly chilling their speech, the state court could resolve these concerns and provide appropriate remedies. 444 F. Supp. 3d 1231 (2020).
Upon determination that person, while acting on behalf of corporation owned and operated by that person, violated §480-2, court must order person and corporation to each bear separate liability for separate civil fines rather than imposing joint and several liability for one civil fine. 9 H. App. 106, 826 P.2d 879.
Discussed: 907 F. Supp. 2d 1188 (2012).