Mardi Gras Express 8/23/12

WARNING LETTER

AUG 23, 2012

VIA UPS

Mardi Gras Express
Attn: Site Manager
New Orleans Union Passenger Terminal
1001 Loyola Avenue
New Orleans, LA  70113

Re:  FDA Warning Letter Regarding Tobacco Retailer Inspection Violations 
       Reference Number:  12LA001879

Dear Sir or Madam:

This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Mardi Gras Express 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 June 5, 2012, an inspector representing the FDA completed an inspection of the establishment, located at 1001 Loyola Avenue, New Orleans, LA  70113.  During this inspection the establishment was in violation because you or your employee sold cigarettes to a minor and failed to check identification to verify purchaser’s age.    

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 violations observed during the June 5, 2012, inspection include the following:

1. A minor was able to buy Marlboro Gold Pack 100’s cigarettes on June 5, 2012, at approximately 5:05 PM CT 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).
    
2. No one in the establishment checked the minor’s identification before the sale of Marlboro Gold Pack 100’s cigarettes on June 5, 2012, at approximately 5:05 PM CT.

A retailer MUST check a photographic identification that includes a date of birth for any person under the age of 27 who attempts to purchase cigarettes, cigarette tobacco, and/or smokeless tobacco.  Failure to do so violates 21 C.F.R. § 1140.14(b)(1). 

The listed violations cause your cigarettes to be “misbranded” under 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)). 

You should immediately correct the violations listed above.  Failure to correct the violations 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 violations 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 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 violations and preventing future violations.  Include a telephone number and address.  Note your reference number of 12LA001879 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 at Sashka.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