• Decrease font size
  • Return font size to normal
  • Increase font size
U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

  • Print
  • Share
  • E-mail

Molly's at the Market 11/29/12

  

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
NOV 29, 2012
 
VIA UPS
 
Molly's at the Market
Attn: Site Manager
1107 Decatur Street
New Orleans, LA 70116
 
Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violation
       Reference Number: 12LA005539
 
Dear Sir or Madam:
 
This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Molly's at the Market 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 September 8, 2012, an inspector representing the FDA completed an inspection of the establishment, located at 1107 Decatur Street, New Orleans, LA 70116. During this inspection the establishment was in violation because it has a vending machine with false and/or misleading buttons marked “low tar” or “light.”    
 
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 September 8, 2012, inspection includes the following:
 

1. The establishment has a vending machine with selection buttons marked “Marlboro Menthol Lights,” “Marlboro Lights 100’s,” and “Marlboro Ultra Lights 100’s.”  The cigarettes stocked to correspond with the “Marlboro Menthol Lights,” “Marlboro Lights 100’s,” and “Marlboro Ultra Lights 100’s” buttons are not labeled as such. Cigarettes, cigarette tobacco, and/or smokeless tobacco with labels, labeling, or advertising that do not correspond to the actual product are misbranded under section 903 of the FD&C Act (21 U.S.C. § 387c), in that the name on the button is false and/or misleading. In addition, the buttons use the term “light.” Cigarettes with labels, labeling, or advertising that use the descriptor “low tar” or “light” are misbranded under section 903 of the FD&C Act (21 U.S.C. § 387c), in that the descriptive terms are false and/or misleading. Labeling or advertising cigarettes as “low tar” or “light” is misleading to consumers. Congress has found many smokers mistakenly believe that “low tar” and “light” cigarettes cause fewer health problems than other cigarettes.

 
A retailer must NOT sell cigarettes, cigarette tobacco, and/or smokeless tobacco for which the label, labeling, or advertising is false and/or misleading. Doing so is prohibited by section 301 of the FD&C Act (21 U.S.C. § 331). 
 
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.
 
Additionally, the establishment has a vending machine with selection buttons marked “Camel Lights Hard Pack” and “Marlboro Lights.” Cigarettes, cigarette tobacco, and/or smokeless tobacco with labels, labeling, or advertising that do not match the corresponding product are misbranded under section 903 of the FD&C Act (21 U.S.C. § 387c) in that the name on the button is false and/or misleading.
 
A retailer must NOT sell cigarettes, cigarette tobacco, and/or smokeless tobacco for which the label, labeling, or advertising is false and/or misleading.  Doing so is prohibited by section 301 of the FD&C Act (21 U.S.C. § 331). Therefore, if the packages from the manufacturer do not say “Camel Lights Hard Pack” and “Marlboro Lights,” your vending machine selection buttons cannot say “Camel Lights Hard Pack” and “Marlboro Lights.” Moreover, retailers are only allowed to sell products marked “low,” “light,” or “mild” by the manufacturer if the product was manufactured before June 22, 2010, and distributed by the manufacturer before July 22, 2010. If the products do not meet those criteria, they are not covered by the limited exception described in the previous sentence. 
 
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 12LA005539 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 Sashka Mannion at (301) 796-3010 or via email atSashka.Mannion@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
 
 
 
 


 

  
 
 
 
Return to Tobacco Retailer Warning Letters Main Page