any other measures appropriate to help ensure nationwide compliance with such prohibition. (2) Guidance The Secretary may issue guidance concerning the responsibility of persons subject to subsection (a) to ensure compliance with such prohibition. (c) Penalties (1) In general In the case of a violation of subsection (a), the Secretary may apply the penalties under section 103(q)(2) of the Family Smoking Prevention and Tobacco Control Act ( Public Law 111–31 ), as though such subsection (a) were a regulation promulgated under paragraph (1) of section 906(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387f(d) ), notwithstanding paragraph (3)(A)(ii) of such section 906(d). (2) Repeated violations In the case of repeated violations of subsection (a), alone or combined with violations of other regulations promulgated under 906(d)(1) of the Federal Food, Drug, and Cosmetic Act, the Secretary may impose a penalty under section 303(f)(8) of such Act ( 21 U.S.C. 333(f)(8) ), as though subsection (a) were a regulation promulgated under paragraph (1) of section 906(d) of the Federal Food, Drug, and Cosmetic Act, notwithstanding paragraph (3)(A)(ii) of such section 906(d). (d) Definition In this section, the term tobacco product has the meaning given such term in section 201(rr) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(rr) ). (e) Effective date This section shall take effect on January 1, 2020. (f) Rule of construction Nothing in this section shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco to individuals below a minimum age, provided that such State or local law is in addition to, or more stringent than, Federal law. (g) Application The prohibition under subsection (a) applies only to a manufacturer, distributor, retailer, third-party marketplace, or other commercial entity that sells tobacco products.