§ 65.017.Cigarette Seller, Distributor, or Manufacturer

A private enforcement provision, and it is the narrowest section in the chapter.

In addition to any other remedy provided by law, a person may bring an action in good faith for appropriate injunctive relief if the person sells, distributes, or manufactures cigarettes and sustains a direct economic or commercial injury from a violation of the Penal Code cigarette provision or the Tax Code provision.

The structure is competitor enforcement, and the standing limits show it. Only someone in the cigarette business may sue, and only for injury to their own commerce.

The underlying problem is contraband and untaxed product. Cigarettes carry substantial state tax, and a seller dealing in unstamped or smuggled product undercuts every compliant competitor.

State enforcement alone is imperfect for that problem. The state loses revenue and enforces where it can, but the competitor who is losing sales knows where the product is moving.

"Direct economic or commercial injury" excludes the diffuse claim. A general assertion that illegal sales harm the market is not enough; the plaintiff must have been injured.

"In good faith" is an unusual statutory qualifier on bringing an action, and it acknowledges the obvious risk: a competitor suit is a business weapon as well as an enforcement tool.

Only injunctive relief is provided. No damages, no fees, no penalties — the remedy is to stop the conduct.

That is consistent with the theory of the section. The plaintiff’s interest is in a market where the rules are observed, and an injunction delivers that.

"In addition to any other remedy provided by law" keeps the state’s own enforcement untouched.