A retailer may not distribute, sell, expose for sale, or advertise for sale a tianeptine product to an individual. A retailer that violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both. In addition to any other penalties under this section, a retailer who violates this section is liable for civil damages sustained by the individual resulting from the violation.