June 6, 2013
Attn: Site Manager
102 North Main Street
Riverside, WA 98849
Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violation
Reference Number: 13WA000714AB Dear Sir or Madam:
This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Riverside Grocery 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 21 and 22, 2013, an inspector representing the FDA completed a two-part inspection of the establishment, located at 102 North Main Street, Riverside, WA 98849. 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 April 21 and 22, 2013, two-part inspection includes the following:
1. A minor was able to buy Camel Blue cigarettes on April 21, 2013, at approximately 1:51 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.