Ads by Google Ads by Google

Feds propose fine for local store selling cigarettes to minors

FDA logo
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — The US Food and Drug Administration (FDA) has proposed a fine of more than $500 for violations of federal law, against an American Samoa based store, which is alleged to have sold cigarettes to minors on at least three separate incidents, according to federal public documents.

FDA’s Center for Tobacco Products (CTP) filed the administrative complaint on July 9th with the Departmental Appeals Board of Civil Remedies Division of the US Department of Health and Human Services (USHHS). The complaint became publicly available yesterday on the federal portal [www.regulations.gov].

The complainant — USHHS, CTP and FDA — is seeking $559 in civil penalty from LV Inc., d.b.a Pago Pago Supermarket Services — the Respondent — for alleged violation of FDA’s tobacco regulations “at least three times within a twenty-four month period”, according to the complaint, which noted that the Respondent — LV Inc. — previously operated as LED1.

The complaint states that the Respondent’s establishment receives tobacco products in interstate commerce, including Benson & Hedges Luxury Menthol 100’s cigarettes and Kool Filter Kings Box cigarettes, and holds them for sale after shipment in interstate commerce.

According to the complaint, it was on May 4th this year that an FDA-commissioned inspector conducted an inspection of Pago Pago Supermarket. The inspection cited two violations:

•    Selling cigarettes or smokeless tobacco to a minor, in violation of federal law, in which a person younger than 18 years of age was able to purchase a package of Benson & Hedges cigarettes on the afternoon of May 4th.

•    Failing to verify the age of a person purchasing cigarettes or smokeless tobacco in which the the minor’s identification was not verified before the sale was made on May 4th.

Five days later, May 9th, CTP issued a Notice of Compliance Check Inspection to the Respondent regarding the May 4th incident.

The complaint cited another violation, which occurred the morning of Aug. 3, 2017 in which a minor — under 18 years old — was able to purchase a package of Kool cigarettes.

CTP then issued a Warning Letter on Sept. 27, 2017 to LED1, documenting the violation. The Warning Letter also stated that it was the responsibility of LED1 to ensure compliance with the law.

On August 7, 2017, CTP issued a Notice of Compliance Check Inspection to the Respondent’s establishment, stating that an inspection had been conducted on August 3, 2017, and that during the inspection, a minor was able to purchase a regulated tobacco product.

The Notice stated that other potential violations of federal tobacco law may have been observed and further stated that if, after review, CTP determined that there was a violation of federal law, the establishment may receive further notification from the FDA regarding the violations.

According to the complaint, the Respondent must respond and has the right to request a hearing within 30 days after the service of the Complaint. Failure to file an answer within 30 days after the service of the Complaint may result in a default order imposing the proposed civil money penalty.

Samoa News wasn’t able obtain additional information at press time if the Respondent has responded to the complaint.