Section 11-606 – Penalty
Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $300 or imprisonment not exceeding 90 days or both.
Section 11-504 – Sale or Purchase at Less Than Cost Prohibited
(a) A retailer or wholesaler with intent to injure a competitor or to destroy or substantially lessen competition may not make a retail sale of cigarettes or a wholesale sale of cigarettes at less than the cost to the retailer or the cost to the wholesaler, respectively. (b) A retailer may not purchase cigarettes from a wholesaler […]
Section 11-701 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) (1) “Advertise falsely” means to use any advertisement, including a label, which is misleading in a material respect. (2) “Advertise falsely” includes the use of an advertisement that contains an affirmative representation that the Maryland sales and use tax will not be collected by the retailer on […]
Section 11-505 – Combination Sales and Concessions
(a) Except as provided in subsection (b) of this section, a retailer or wholesaler with intent to injure a competitor or to destroy or substantially lessen competition may not: (1) Sell cigarettes in combination with any other item of merchandise if the other item is given free of charge or sold at a price below its cost […]
Section 11-702 – Exceptions
This subtitle does not apply to any: (1) Television or radio broadcasting station which broadcasts an advertisement; (2) Publisher or printer of a newspaper, magazine, or other form of printed advertisement who publishes or prints an advertisement; or (3) Publisher, printer, or distributor, including a telephone company or directory provider, of an advertisement or telephone listing in a […]
Section 11-506 – Evidence
(a) In any proceeding under this subtitle, including a proceeding relating to licenses before the State Comptroller, proof of a sale by a retailer or a wholesaler of cigarettes or of any other item in combination or in connection with cigarettes at less than their cost to the retailer or their cost to the wholesaler, respectively, […]
Section 11-703 – False Advertising Prohibited
A person may not advertise falsely in the conduct of any business, trade, or commerce or in the provision of any service.
Section 11-507 – Administration and Enforcement
(a) It is the duty of the State Comptroller to enforce this subtitle. (b) The State Comptroller shall: (1) Employ and determine the duties and compensation of the inspectors and other personnel necessary to enforce this subtitle; and (2) Adopt reasonable rules and regulations necessary to effectuate and enforce the policies of this subtitle.
Section 11-508 – Remedies
(a) (1) On complaint of the State Comptroller or any person affected, a circuit court has jurisdiction to: (i) Enjoin a retailer or wholesaler from the commission of any act prohibited by this subtitle; and (ii) Award damages and costs. (2) In an action for injunctive relief, it is not necessary for the complainant to allege or prove that an […]
Section 11-306 – Notice of Intent Required to Raise Defenses
(a) A party to a marketing agreement may not raise any defense set out in § 11-305 of this subtitle unless he gives written notice to the other party of his intent to terminate or cancel the agreement. This notice shall be given in person or by registered or certified mail at least 60 days before […]