FDA Violations: 1,200 Retailers Cited For Breaking Federal Tobacco Rules

RICHMOND, Va. — The Food and Drug Administration said Thursday it has issued about 1,200 warning letters to retailers in 15 states for violating federal tobacco regulations since beginning inspections under a 2009 law giving it authority to regulate the industry.

The agency's Center for Tobacco Products, using state contractors, has conducted more than 27,500 inspections of stores selling tobacco products. It is combating underage use of tobacco products, while also seeking to reduce tobacco-related diseases, which are responsible for about 443,000 deaths a year in the U.S.

"We all recognize that almost all smokers start smoking when they are kids, and those kids have to get those tobacco products somewhere," Dr. Lawrence Deyton, director of the Center for Tobacco Products, said in an interview with The Associated Press. "The retail community really is on the front line of helping to prevent our kids from initiating tobacco use. ... It's very important for every neighborhood to know that their retailers are enforcing this new law."

Inspectors visiting retailers nationwide were looking for violations of federal laws barring the sale of cigarettes or other tobacco products to anyone under 18 years old. There are also laws against the sale of flavored cigarettes or of cigarettes in packs that contain the words like "light," "mild," or "low-tar." Other laws bar retailers from selling single cigarettes, giving away free samples or promotional items like hats and T-shirts with cigarette and smokeless tobacco brands or logos.

Most of the warning letters were for retailers selling tobacco to minors, who were sent into stores to make undercover purchases. Once they receive a warning letter, retailers then have 15 days to respond on how they plan to address the violations.

After one violation, retailers can be fined for breaking tobacco laws during follow-up inspections. Retailers with a second violation within a year can be fined up to $250, with penalties growing to $10,000 for six or more violations within four years. They also can be banned from selling tobacco products.

Over the last two years, the FDA has contracted with 37 states and the District of Columbia to do retail compliance checks with at least 20 percent of stores in each state. The data released by the agency is only for the 15 states which the agency initially contracted in fiscal year 2010.

States are trained by the FDA and paid by fees charged to the tobacco companies. How much the FDA pays states to participate varies on factors including the size of their enforcement plan and how many retail locations they have in the state. The agency says the contracts total $24 million have led to more than 265 jobs.

The FDA collected nearly $260 million in user fees from tobacco companies for fiscal 2009 and 2010 combined, and should collect $450 million this year. User fees will grow to $712 million by 2019. Fees are collected quarterly and based on each company's share of the U.S. tobacco market.

The agency won the authority in 2009 to regulate tobacco products, including the ability to ban certain products, regulate marketing, reduce nicotine in tobacco products and block labels such "low tar" and "light."

About 46 million Americans – one out of every five – smoke, and more than 3 percent of American adults use smokeless tobacco, according to the Centers for Disease Control and Prevention. The agency also says 17 percent of high school students smoke and 6 percent of them use smokeless tobacco.

___

Michael Felberbaum can be reached at . http://www.twitter.com/MLFelberbaum

Comments

[Jesse EngAmer]

08:36 PM on 11/13/2011

The FDA has finally done something productive and beneficial. The FDA deserves credit for this. They had a problem, isolated the issue, and resolved it. Unfortunately the FDA does not act as nearly as efficiently often enough.To often the FDA simply seeks to expand their regulatory grasp. Take Dick Durbin's assault on dietary supplements, its goes against the principles of freedom of choice. http://eng.am/tZiaWt

We all recognize that the FDA has the immense potential to do good. If they can continue to focus on, and take action on issues like these then they will. However, it isn't rare for the FDA's regulatory policy to infringe on you're freedoms, damage business, favor big pharma and crush competition.

[susanbsbi]

10:48 AM on 11/10/2011

Smoking can be bad for you. But this is like the English Rule when the country Started. Remember the TEA Party in Boston, they didn't want to pay England the taxes on the tea. Well, what happen if every body quits smoking and there goes the large large tax collect of the smokes, up in the air. The Federal and State governments, include this tax in their budgets, spend money on ads that really don't reflect what the Aorta and lungs look like.. The air in major city's can cause Cancer, with all the residue from cars and buses. It should be the individual decision on how they want to live and do in life. We should not lie about lung cancer in ads. There are very many people who have smoked for years and just die of old age, without having cancer or lung problems. The money they are paying for these ads and those to enforce the non smoking law could be used to reduce the debt this country is in

[pat8942]

08:23 AM on 11/10/2011

Be nice if the Government would put this kind of effort into investigating the criminal activity on Wall Street.

[yumadbro]

07:27 AM on 11/10/2011

I go to a tobacco farm and buy and roll my own. So do all my friends some sell them at school. I smoke and you can't stop me.

[ruburnt]

07:34 AM on 11/10/2011

Until the law says otherwise...enjoy your smoke!

[Rightlygay]

07:41 AM on 11/10/2011

I grow about 300 plants a year ( for personal use ONLY, of course)......It would be very profitable if I had the "proper" licensing.......

[ennui the third]

07:02 AM on 11/10/2011

the only thing filthier than tobacco and those who produce it.

[WhatDaBleep]

04:32 AM on 11/10/2011

The feds should raid those shops with their swat teams! Dirty lawbreakers!!!

[yumadbro]

04:05 AM on 11/10/2011

I go straight to the farms down the road and buy my tobacco and roll it myself. So do all my friends. Lots are selling them in school for extra money. Not really hard to do.

[democratsaint]

06:32 AM on 11/10/2011

that's nice,do you make your own paper as you have to show id to buy the rolling paper,do you dry it yourself??as i am sure the farm doesn't dry it not grind it,nor in fact i doubt they have a license to sell it,and they could lose the farm literally for selling to you,plus the fact that its all under contract to sell to a manufactuer,i am so sure they will risk losing the contract to sell a few leafs to you.