Ritner Pizzeria and Restaurant 8/23/12

WARNING LETTER

AUG 23, 2012

VIA UPS

Ritner Pizzeria and Restaurant
Attn: Site Manager
101 West Ritner Street
Philadelphia, PA  19148

Re:  FDA Warning Letter Regarding Tobacco Retailer Inspection Violations
       Reference Number:  12PA002998AB

Dear Sir or Madam:

This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Ritner Pizzeria and Restaurant was observed to be in violation of federal tobacco laws and regulations.  Failure to correct these violations may lead to federal enforcement actions, including monetary penalties.  Your response is requested in 15 working days.

On April 30 and May 5, 2012, an inspector representing the FDA completed a two-part inspection of the establishment, located at 101 West Ritner Street, Philadelphia, PA 19148.  During this inspection the establishment was in violation because you or your employee sold cigarettes to a minor and failed to check identification to verify purchaser’s age. 

Previously we inspected the facility at this address on September 28, 2011, and sent a Warning Letter for Title 21 C.F.R. Part 1140 violations, but have since determined that the owner listed on that Warning Letter was a previous owner.  CTP has determined that you are the current owner of this establishment and were the owner on April 30 and May 5, 2012, the date of the most recent two-part inspection.

This inspection revealed that the establishment sells, distributes, advertises, and/or promotes cigarettes, cigarette tobacco, and/or smokeless tobacco, which requires that the establishment and its owners comply with federal laws and regulations governing such practices.  The violations observed during the April 30 and May 5, 2012, two-part inspection include the following:

1. A minor was able to buy Newport Box cigarettes on April 30, 2012, at approximately 4:56 PM in the establishment.

A retailer must NOT sell cigarettes, cigarette tobacco, and/or smokeless tobacco to a person younger than 18 years of age.  Doing so violates 21 C.F.R. § 1140.14(a).
    
2. No one in the establishment checked the minor’s identification before the sale of Newport Box cigarettes on April 30, 2012, at approximately 4:56 PM.

A retailer MUST check a photographic identification that includes a date of birth for any person under the age of 27 who attempts to purchase cigarettes, cigarette tobacco, and/or smokeless tobacco.  Failure to do so violates 21 C.F.R. § 1140.14(b)(1). 

The listed violations cause your cigarettes to be “misbranded” under 903 of the FD&C Act (21 U.S.C. § 387c). 

You should immediately correct the violations listed above.  Failure to correct the violations may result in FDA taking regulatory action without further notice.  These actions may include, but are not limited to, civil money penalty, no-tobacco-sale order, seizure, and/or injunction.

The violations indicated in this letter may not be a complete list of violations at the establishment.  The establishment must comply with all the applicable laws and regulations.  For more information on these requirements, helpful resources for retailers, a database of inspections, and free Break the Chain of Tobacco Addiction materials, visit our website at http://www.fda.gov/TobaccoProducts.   

You have 15 working days from the date you receive this letter to respond.  In your response, explain your plan for correcting the listed violations and preventing future violations.  Include a telephone number and address.  Note your reference number of 12PA002998AB in your response and mail it to:

SP-WL Response
FDA Center for Tobacco Products
9200 Corporate Boulevard
c/o Document Control Center
Rockville, Maryland  20850

If you have any questions, contact Aaron Weisbuch at (301) 796-9362 or via email at Aaron.Weisbuch@fda.hhs.gov.  Have your reference number ready when you call and include it with any email communications.

Sincerely,

/S/

Ann Simoneau, J.D.
Director
Office of Compliance and Enforcement
Center for Tobacco Products