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4142 Excluding minors from tents and booths where free cigarettes were being distributed does not prevent the imposition of civil penalties because minors were not excluded from the events at which distribution took place; a California statute imposing civil penalties for distributing free cigarettes on public grounds is not pre-empted by federal law; due process requires that a defendant's good or bad faith be considered in fixing the amount of civil penalties.
PEO ex rel LOCKYER v RJ REYNOLDS (Free Smokes) 37 C4 707 [See: H&SC 118950; US v Bajakajian 524 US 321; City of SF v Sainez 77 CA4 1302; Peo ex rel Lockyer v RJ Reynolds (RevGrtd) 112 CA4 1377]
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