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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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Rehoboth Beach Wal-Mart Store #2419 8/30/12

  

Department of Health and Human Services logoDepartment of Health and Human Services

Public Health Service
Food and Drug Administration
 Center for Tobacco Products
9200 Corporate Boulevard
Rockville, MD 20850-3229

 

WARNING LETTER
AUG 30, 2012 
VIA UPS
 
Rehoboth Beach Wal-Mart Store #2419
Attn: Site Manager
18922 Rehoboth Mall Boulevard
Rehoboth Beach, DE  19971
 
Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violation
       Reference Number: 12DE000553
 
Dear Sir or Madam:
 
This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Rehoboth Beach Wal-Mart Store #2419 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 June 27, 2012, an inspector representing the FDA completed an inspection of the establishment, located at 18922 Rehoboth Mall Boulevard, Rehoboth Beach, DE  19971. During this inspection the establishment was in violation because you or your employee sold cigarettes to a minor.
 
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 violation observed during the June 27, 2012, inspection includes the following:
 
  1. A minor was able to buy Newport Box cigarettes on June 27, 2012, at approximately 2:12 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).
    
The listed violation causes your cigarettes to be “misbranded” under 903 of the FD&C Act (21 U.S.C. § 387c). 
 
You should immediately correct the violation listed above. Failure to correct the violation 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 violation 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 violation and preventing future violations. Include a telephone number and address. Note your reference number of 12DE000553 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 Carisa Bergen at (301) 796-2990 or via email at Carisa.Bergen@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
 
 
 
cc:      
Chad Brown
Sr. Director Corporate Compliance
ATF/Licensing/Weights & Measures
Wal-Mart
508 SW 8th Street
Bentonville, AR 72716-0505
 
James Renfrow
Sr. Manager Corporate Compliance
ATF/Licensing/Weights & Measures
Wal-Mart
508 SW 8th Street
Bentonville, AR 72716-0505
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