or harmful amount within a reasonable time.
"Nicotine liquid container." A bottle or other container of
a nicotine liquid or other substance containing nicotine which
is sold, marketed or intended for use in a tobacco substitute.
The term does not include a container containing nicotine in a
cartridge that is sold, marketed or intended for use in a
tobacco substitute if the cartridge is prefilled and sealed by
the manufacturer and not intended to be opened by the consumer.
Section 3. Liquid nicotine; packaging.
Unless specifically preempted by Federal law, no person shall
manufacture, regardless of location, for sale in this
Commonwealth, or sell or offer for sale in this Commonwealth, or
otherwise introduce into the stream of commerce in this
Commonwealth, any of the following:
(1) A liquid or gel substance containing nicotine unless
that product is contained in child-resistant packaging.
(2) A nicotine liquid container unless that container
constitutes child-resistant packaging.
Section 4. Restraining prohibited acts.
Whenever the Attorney General or a district attorney has
reason to believe that any person is engaging or about to engage
in conduct prohibited under section 3, and that proceedings
would be in the public interest, the Attorney General or
district attorney may bring an action in the name of the
Commonwealth against the person to restrain by temporary or
permanent injunction the prohibited conduct.
Section 5. Civil penalties.
In any action brought under section 4, if the court finds
that a person is engaging or has willfully engaged in conduct
prohibited by section 3, the Attorney General or the appropriate
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