People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.

Declaring smoking to be “the single most important source of preventable disease and premature death in California,” the Legislature in 1991 enacted a statute prohibiting cigarette companies from distributing cigarettes as free samples, as they might fall into the hands of children and lead them to become addicted to tobacco, and encouraging “all persons to quit tobacco use.” (Stats. 1991, ch. 829, § 1, p. 3676, enacting former Health & Saf. Code, § 25967, subd. (a)(ll), repealed by Stats. 1995, ch. 415, § 163, p. 3335 and reenacted in 1995 as Health & Saf. Code, § 118950, subd. (a)(ll).) 1 This statute prohibits the “nonsale distribution” of cigarettes on public property 2 (§ 118950, subd. (b)), except for public property leased for a private function to which minors are “denied access” (id., subd. (f)). “Each distribution of a single package ... to an individual member of the general public” constitutes a violation and is punished by a civil penalty of not less than $200 for one act, $500 for two acts, and $1000 for each succeeding act. (Id., subd. (d).)

The trial court found that defendant tobacco company had violated section 118950 at six events in 1999 and assessed…