About FDA

Cumulative number of Civil Money Penalties filed for the FY against Tobacco Retailers (excluding internet based)

Dictionary: The Family Smoking Prevention and Tobacco Control Act amended the Federal Food, Drug, and Cosmetic Act and provided the FDA with a broad set of sanctions for violations of the law. Such sanctions may include: warning letter, civil money penalty, import alert, seizure, injunction, and criminal prosecution.

Civil Money Penalties are assessed against tobacco product retailers not in compliance with tobacco product requirements. For more information about the agency’s current policies with respect to civil money penalties for retailers who are in violation, please see CTP’s website Guidance, Compliance & Regulatory Information, to find the guidance entitled, “Guidance for FDA and Tobacco Retailers Civil Money Penalties and No-Tobacco-Sale Orders For Tobacco Retailers.”

Information is current as of November 30, 2012

• FY 2011
• FY 2012
• FY 2013
• All

Number of Civil Money Penalties filed in the month against Tobacco Retailers (excluding internet based)

Fiscal Year - 2012

Time	Target	Number
Oct 2011	N/A	0
Nov 2011	N/A	1
Dec 2011	N/A	7
Jan 2012	N/A	21
Feb 2012	N/A	32
Mar 2012	N/A	41
Apr 2012	N/A	45
May 2012	N/A	30
Jun 2012	N/A	68
Jul 2012	N/A	78
Aug 2012	N/A	62
Sep 2012	N/A	0

FY 2012 Total: 385

Cumulative dollar amount of Civil Money Penalties Assessed for the FY against Tobacco Retailers (excluding internet based)

Dictionary: The Family Smoking Prevention and Tobacco Control Act amended the Federal Food, Drug, and Cosmetic Act and provided the FDA with several enforcement tools to utilize when regulated industry fails to comply with the law. These tools include: warning letter, civil money penalty, no-tobacco-sale order, seizure, injunction, and criminal prosecution.

Civil Money Penalties (CMPs) are generally assessed against a tobacco product retailer who has previously received a Warning Letter and are found to be in violation with tobacco product requirements during subsequent inspections. The CMPs are available in a searchable database on the agency’s website at http://www.accessdata.fda.gov/scripts/oce/inspections/oce_insp_searching.cfm. For more information about the agency’s current policies with respect to civil money penalties for retailers who are in violation, please see CTP’s website Guidance, Compliance & Regulatory Information, to find the guidance entitled, “Guidance for FDA and Tobacco Retailers Civil Money Penalties and No-Tobacco-Sale Orders For Tobacco Retailers.”

Total dollar amount of Civil Money Penalties assessed in the month against Tobacco Retailers (excluding internet based)

Fiscal Year - 2012

Time	Target	Dollar
Oct 2011	N/A	0
Nov 2011	N/A	0
Dec 2011	N/A	1,500
Jan 2012	N/A	1,750
Feb 2012	N/A	5,225
Mar 2012	N/A	13,025
Apr 2012	N/A	10,400
May 2012	N/A	11,725
Jun 2012	N/A	12,700
Jul 2012	N/A	27,000
Aug 2012	N/A	22,050
Sep 2012	N/A	14,900

FY 2012 Total: $120,275