June 6, 2013
Fred Meyer Fuel Center
Attn: Site Manager
1225 West Bakerview Road
Bellingham, WA 98226
Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violation
Reference Number: 13WA003662
Dear Sir or Madam:
This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Fred Meyer Fuel Center 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 May 20, 2013, an inspector representing the FDA completed an inspection of the establishment, located at 1225 West Bakerview Road, Bellingham, WA 98226. 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 May 20, 2013, inspection includes the following:
1. A minor was able to buy Marlboro cigarettes on May 20, 2013, at approximately 4:02 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.