Dollar General, Pic Quick, Circle K, Marathon/Food Mart and Herb N Legend Smoke Shop all escaped violation. One retailer was issued a “Warning Letter” with other possible penalties pending. While the focus of the inspections was for the underage sale of nicotine patches, one area retailer allegedly sold White Owl Triple Grape cigars to an underage person.
Article by Las Cruces Digest
Source: FDA.gov
Of the 542 inspections carried out in our broader community since 2013, 41 violations have been cited. Of those cited, only two have risen to the level of civil money penalty. The majority topped out with a warning letter. The product most often purchased by those underage were cigars, particularly “flavored” cigars (19), followed by cigarettes (16) and e-cigarettes (5). Only one underage sale of loose tobacco was cited.
| Retailer | Address | Underage Sale | Product Type | Date of Decision | Outcome |
|---|---|---|---|---|---|
| WONDERLAND GIFTSHOP | 1405 SOUTH VALLEY DRIVE, SUITE 700 | Yes | Cigar(s) | 02/29/2024 | Warning Letter |
| DOLLAR GENERAL | 1850 NORTH VALLEY DRIVE | No | N/A | 02/15/2024 | No Violations Observed |
| DOLLAR GENERAL STORE | 980 N MOTEL BLVD | No | N/A | 02/15/2024 | No Violations Observed |
| PIC QUICK 22 | 3916 WEST PICACHO AVENUE | No | N/A | 02/15/2024 | No Violations Observed |
| FAMILY DOLLAR #26693 | 3975 S MAIN ST | No | N/A | 02/13/2024 | No Violations Observed |
| CIRCLE K 2706001 | 801 EAST THORPE ROAD | No | N/A | 02/09/2024 | No Violations Observed |
| MARATHON / FOOD MART | 1900 NORTH MAIN STREET | No | N/A | 02/09/2024 | No Violations Observed |
| CIRCLE K | 1305 EL PASEO RD | No | N/A | 02/02/2024 | No Violations Observed |
| CIRCLE K | 3811 E LOHMAN AVE | No | N/A | 02/02/2024 | No Violations Observed |
| CIRCLE K | 1501 E AMADOR AVE | No | N/A | 02/02/2024 | No Violations Observed |
| DOLLAR GENERAL STORE | 4955 MESA GRANDE DR | No | N/A | 02/02/2024 | No Violations Observed |
| HERB N’ LEGEND SMOKE SHOP | 1900 SOUTH ESPINA STREET | No | N/A | 02/02/2024 | No Violations Observed |
Original FDA article:
FDA Issues Warning Letters to and Files Civil Money Penalty Complaints Against Retailers for Underage Sales
On April 4, FDA announced the issuance of 119 warning letters to, and the filing of 41 civil money penalty complaints against, brick and mortar retailers that engaged in the underage sale of various flavors of ZYN nicotine pouches between October 2023 and February 2024. FDA has also issued warning letters to three online retailers for the sale of unauthorized, flavored ZYN nicotine pouches, including Espressino, Black Cherry, Lemon Spritz, and Cucumber Lime.
Nicotine pouches are a type of tobacco product. The small pouches are intended to be held between the user’s lip and gum, where the nicotine is absorbed into the body. The products contain nicotine powder or nicotine salts—not cut, ground, powdered, or leaf tobacco itself—and do not require spitting.
Data from the 2023 National Youth Tobacco Survey show approximately 1.5 percent of youth reported currently using nicotine pouches, and use has remained unchanged among youth in recent years. However, FDA has received reports about the potential increased popularity of these products among youth, and the products are also a popular topic on social media among youth and social media influencers.
“Although currently available data do not show that youth use of nicotine pouches has increased, FDA remains concerned about any tobacco product that may be appealing to youth and we will continue to closely monitor youth use of these products,” said Brian King, Ph.D., M.P.H., director of FDA’s Center for Tobacco Products. “There is no excuse for selling tobacco products to any underage person, and FDA will hold retailers accountable for those violations—especially those who continue to do so after being warned.”
