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FDA Begins Issuing Fines for Violations of Tobacco Regulations
Tuesday, 24 January 2012 00:00

The National Association of Tobacco Outlets (NATO) is reporting that the FDA has begun issuing retailers fines for alleged violations.  Of the 20 retailers facing monetary penalties, 3 have been fined $5,000. There is a chart below the article that illustrates FDA’s fines structure.

FDA Begins Issuing Complaints Assessing Fines up to $5,000 on Retailers
The FDA’s Center for Tobacco Products has begun issuing “Civil Money Penalty Complaints” which are used to begin the agency’s legal action against a retailer for alleged violations of the federal tobacco regulations and can result in the assessment of a fine.

The FDA’s website lists 20 retailers that have been sent Civil Money Penalty Complaints for various alleged violations including selling tobacco products to a minor, failing to verify the age of customers that are 27 years old or younger by requesting photo identification, having self-service displays of cigarettes, RYO or smokeless tobacco products, failing to remove self-service displays from the store, and, for adult-only tobacco stores, failing to sell cigarettes and smokeless tobacco products in a direct face-to-face exchange without ensuring that a minor is not present or permitted to enter the store at any time.

Of the 20 retailers cited in the FDA complaints, the agency is seeking to assess a $250 fine on six retailers, a $500 fine on eleven retailers, and a $5,000 fine on three retailers.  The retailers being cited with a $250 fine have been inspected by the FDA at least twice and have two to three alleged tobacco regulation violations listed in the complaints.  The retailers being cited with a $500 fine have been inspected at least twice and have three to four alleged violations in the complaints.  The three retailers being cited for a $5,000 fine have been inspected at least twice and have six alleged violations in the complaints.

The FDA fine structure is as follows:

First Violation - $0/Warning Letter
2 violations within 12 months - $250.00
3 violations within 24 months - $500.00
4 violations within 24 months - $2,000.00
5 violations within 36 months - $5,000.00
6 violations within 48 months - $10,000.00

Out of the twenty retailers cited with a complaint, eleven retailers sent a response to the FDA after receiving the agency’s Warning Letters that alleged retail violations while the other nine retailers did not respond in any manner to the FDA Warning Letters.

 
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