Tobacco Products

Compliance & Enforcement

To protect the health of future generations, FDA closely monitors retailer, manufacturer, importer, and distributor compliance with Federal tobacco laws and regulations and takes corrective action when violations occur.

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Compliance Check Inspections

FDA conducts inspections of tobacco product retailers to determine a retailer's compliance with federal laws and regulations, including The Federal Food, Drug, and Cosmetic Act, as amended by the Tobacco Control Act, and our rules and regulations.

Results from compliance check inspections of tobacco retailers are available in a searchable retailer inspection database.

Map of the US

The database lists which inspected retailers received a warning letter, a civil money penalty, a no-tobacco-sale order, or were found to have no observable violations. You can search by tobacco retailer name, city, state, zip code, or decision date. You can also search using an interactive map by state or region. Those businesses where FDA has completed compliance check inspections will be displayed as pins on the map.

Note: Absence of a retail establishment from this database does not imply compliance with all applicable statutory and regulatory requirements.


Warning Letters

We issue warning letters to traditional “brick and mortar” retail stores nationwide as well as online retailers and manufacturers the first time a tobacco compliance check inspection reveals a violation of the federal tobacco laws and regulations that FDA enforces. Failure to promptly and adequately correct all violations and ensure compliance with all applicable laws and regulations may lead to enforcement actions, including Civil Money Penalties or No-Tobacco-Sale Orders.

If you have any questions about warning letters, contact the Center for Tobacco Products at 1-877-CTP-1373 or via email to the address listed in your warning letter: CTP-Compliance-WL-Correspondence@fda.hhs.gov or CTPCompliance@fda.hhs.gov.


Civil Money Penalty Complaints

A Civil Money Penalty (CMP) Complaint is used to initiate an administrative legal action against a retailer that can result in a monetary penalty, called a Civil Money Penalty.

The Tobacco Control Act provides that the amount of a CMP for violations of the regulations in part 1140 shall not exceed certain amounts, depending on the number of previous violations, the time period in which the violations occurred, and other factors (see section 103(q)(2)(A) of the Tobacco Control Act). The current amounts as of August 1, 2016 for CMPs assessed for violations that occurred after November 2, 2015 are:

Number of Regulation ViolationsCMP Amount
1$0 (CTP will send a Warning Letter)
2 within a 12-month period$275
3 within a 24-month period$550
4 within a 24-month period$2,200
5 within a 36-month period$5,501
6 within a 48-month period$11,002

Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. No. 114-74), HHS is required to adjust the amounts annually for inflation no later than January 15th each year. Read the rule, Adjustment of Civil Monetary Penalties for Inflation, for more information.

FDA files Civil Money Penalty Complaints against tobacco retailers when subsequent violations of the tobacco regulations and/or other requirements relating to tobacco products in the Federal Food, Drug, and Cosmetic Act are observed during a compliance check inspection.

All Civil Money Penalty Complaints filed by the Center for Tobacco Products are listed in the searchable compliance check inspection database.

If you are a retail establishment that has received a Civil Money Penalty Complaint and wish to settle the case, you can submit the Acknowledgement Form and pay your Civil Money Penalty online.

For more information about CMPs view our guidance documents and webinars

No-Tobacco-Sale Orders To Retailers

Under the law, the FDA may pursue a No-Tobacco-Sale Order (NTSO) against retailers that have a total of five or more repeated violations of certain restrictions within 36 months. Retailers are prohibited from selling regulated tobacco products at the specified location during the period of the NTSO.

Retailers who receive an NTSO complaint from the FDA may either enter into a settlement agreement with the agency that results in a final order issued by the Administrative Law Judge (ALJ) or choose to go to a full hearing before an ALJ.

In determining the period of a No-Tobacco-Sale Order, the FDA takes into account the nature, circumstances, extent, and gravity of the violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.

FDA plans to conduct unannounced compliance check inspections during the period of the NTSO for the limited purpose of confirming the retailer’s compliance with the NTSO Order and that they are not selling regulated tobacco products. Because the scope of these inspections is limited, their results are not included in the searchable inspection database.

For more information about NTSOs, view our guidance documents and webinars. 

All NTSO Complaints issued by FDA are listed below along with the dates of the orders issued by the ALJ as a result of settlements reached between retailers and FDA.


RetailerStateDate of ComplaintNTSO Start Date*NTSO End Date*
Circle K. Stores, Inc./dba Circle K Store 2709891CO10/26/201601/06/201701/28/2017
Admiral Petroleum Company/dba AdmiralIN 9/23/2016 12/1/2016 12/22/2016
Jazzo Group, Inc. d/b/a Citgo MI 09/26/2016 11/21/2016 12/10/2016
Mei Lan Liu, d/b/a Yin Hua Lou RestaurantPA08/19/1610/17/201611/16/2016
Yong Zhu d/b/a Foo Kwai InnPA08/03/1611/01/2016 11/28/2016 
Kum and Go L.C. d/b/a Kum and Go 0865OK08/02/1610/05/201610/28/2016
Citiport Fuel, Inc. d/b/a MobilMI08/02/1601/01/201701/21/2017
Mike Petroleum Inc. d/b/a Plaza BPMD07/28/1609/12/201610/02/2016
Jai Shree Ram, Corp., d/b/a Plaza LiquorsMA07/22/1610/05/201610/26/2016
Three Star Market, Inc. d/b/a Three Star MarketMI07/21/1610/31/201611/20/2016
J and P Flash, Inc. d/b/a Flash Market 385AR07/19/1610/31/201611/22/2016
Saab Petro Mart Inc. d/b/a BPMI07/13/1611/02/201611/22/2016
Vicente Cruz d/b/a ENR MarketCT07/05/1610/24/201611/19/2016
Al Zama LLC d/b/a Smoker’s Discount WorldCT07/05/16  
MFA Petroleum Company, d/b/a Break Time 3028MO07/01/16 01/13/2017 04/13/2017
Noorie Enterprises Inc. d/b/a Bayside GroceryTX06/10/1608/08/201608/29/2016
Hari Krishna LLC d/b/a Campbell Deli and GroceryCT06/10/1608/08/201608/31/2016
E and S Oil CompanyOK05/09/1607/24/201608/14/2016
MFA Petroleum Company d/b/a Break Time 3028MO10/26/1512/22/201501/11/2016
Family Food Market, Inc.MI10/26/1512/23/201501/14/2016
Mon-Jan Corporation d/b/a Monaghan’s PubMD10/26/1512/24/201501/10/2016
C and C Supermarket, LLCNJ10/26/1501/02/201601/24/2016
Horizon Enterprises, Inc. d/b/a 95th Mobil and Food MartIL10/26/1507/15/201608/05/2016
Kat Party Store, Inc. d/b/a Mr. Grocer Liquor StoreMI10/26/1512/22/201601/21/2017
Thais Mini Market, LLC d/b/a I and S Grocery Inc.NJ10/26/15 03/25/2016 04/17/2016
Yemco Fuel, Inc. and Nakeeb Hassan d/b/a MarathonMI10/26/15 04/28/2016 05/21/2016

*Fields without information indicate that cases are still pending.


 

Page Last Updated: 01/09/2017
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