Private Enforcement

(a)A person may bring a civil action for violation of this Article on behalf of the person and the government of Guam to enforce the fines contained herein. The action shall only be dismissed if the court and the Attorney General give written consent to dismissal and the reasons for the dismissal.

(1)A copy of the complaint and written disclosure of substantially all material evidence and information shall be served on the government of Guam pursuant to the Guam Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for sixty

(60)days, and shall not be served on the named defendant until ordered by the Superior Court. The government may elect to intervene and prosecute the action within sixty

(60)days after service of the complaint.

(2)The government is entitled to a one (1)-time extension of thirty

(30)days to evaluate the complaint filed.

(b)If the government elects to intervene and proceed with the action, it shall have primary responsibility for prosecuting the action and shall not be bound by an act of the person bringing the action unless there is an exception enumerated in this law.

(1)Upon the government’s assumption of the complaint, the person who filed the complaint has no further participation, except as described herein, and the government may:

(A)dismiss the action notwithstanding the objection of the person bringing the complaint as long as the person bringing the complaint has an opportunity to respond in writing;

(B)settle the action notwithstanding the objection of the person bringing the complaint as long as the Guam Superior Court finds the settlement to be fair, adequate and reasonable; CH. 6 TOBACCO CONTROL ACT OF 2006

(C)pursue its claim through an alternate remedy available to the government in including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this Section;

(D)if the government proceeds with an action brought by a person under this law, such person shall receive at least fifteen percent (15%) but no more than twenty-five percent (25%) of the proceeds of the action or settlement of the claim plus their reasonable costs and attorney fees incurred in filing the complaint;

(E)if the government does not proceed with an action, the person bringing the action or settling the claim shall receive an amount which the Guam Superior Court decides is reasonable for collecting the civil penalty and damages. The amount shall not be less than twenty-five percent (25%) and not more than thirty percent (30%) of the proceeds of the action or settlement. Such person shall also in addition receive an award for their reasonable costs, fees, and attorney fees; or

(F)if the government does not proceed with the action and the person bringing the action does not prevail on the claim, the defendant is entitled to its reasonable attorney fees if the court finds in its discretion that the action was clearly frivolous, vexatious, or brought for purposes of harassment.

(c)All civil penalties and fines awarded by the court in excess of the reasonable amount awarded by the court to any private individual(s) who bring a private enforcement action of this law shall be deposited in the Healthy Futures Fund.