FDA Issued Warning Letters to Cigarette Retailers

Published on December 13th, 2011 03:32

The Food and Drug Administration (FDA) declared that has issued about 1200 warning letters to retailers from more than 15 states for infringing federal tobacco regulations since starting inspections under a 2009 law allowing it authority to control the industry.

The agency’s Center for Tobacco Products has realized more than 27,500 surveys of stores selling smoking products. It is fighting tobacco use by minors, while also looking for methods to decrease tobacco-related diseases. “We all admit that practically all smokers start smoking when they are teenagers, and those teens have to get those cigarettes somewhere. The retail community is really trying to keep our children away from smoking,” Dr. Lawrence Deyton, director of the Center for Tobacco Products, stated in an interview.

Inspectors surveying retailers were looking for infringements of federal laws prohibiting the sale of cigarettes or other smoking products to under aged customers. There are laws that ban the sale of flavored smokes or cigarettes that come as “light”, “mild” or “low-tar.” Moreover it is also prohibited to sell single cigarettes and give free samples or promotional items as hats or pens with cigarette brands.

The majority of the warning letters were sent to retailers selling smokes to minors, once they receive such a letter, retailers have 15 days in order to respond on how they intend to address the infringements. After first infringement, retailers can be fined for violating tobacco laws during additional surveys. Those retailers with second infringement can be fined up to $250, and those with six and more for more than $10,000. They also can be prohibited from selling tobacco products.

Within the last two years, The FDA has contracted with about 35 states to conduct retail surveys with approximately 20% of stores in each state. The findings released by the agency are only for the 15 states which the agency initially contracted in 2010. States are trained and paid by the FDA. The sum of money allocated by the FDA to states which participate in such actions depends on various factors as for instance the size of their enforcement plan and the number of retail locations. According to the agency the contracts constituted $24 million which have provided more than 250 jobs.

According to estimates, FDA collected about $260 million in usage charges from cigarette companies for 2009 and 2010, and plans to collect $450 million this year. Usage charge will increase to $712 million by 2019. Charges are collected each quarter and are based on each company's share of the US cigarette market. The agency received the power to control tobacco products in 2009, including the right to prohibit particular products, monitor advertisement, reduce nicotine in smoking products and ban such labels as “low tar” and “light.”