1250 Broadway, 27th Floor New York, NY 10001


Department of Health and Human Services logoDepartment of Health and Human Services

Public Health Service
Food and Drug Administration

Center for Tobacco Products

9200 Corporate Boulevard

Rockville, MD 20850-3229

July 18, 2013


Albany Stop-N-Go

Attn: Site Manager

19072 Florida Boulevard

Albany, LA 70711

Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violation

Reference Number: 13LA001798

Dear Sir or Madam:

This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Albany Stop-N-Go 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 18, 2013, an inspector representing the FDA completed an inspection of the establishment, located at 19072 Florida Boulevard, Albany, LA 70711. During this inspection the establishment was in violation because you or your employee sold cigarettes to a minor.

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 violation observed during the June 18, 2013, inspection includes the following:

1. A minor was able to buy Marlboro Gold Pack cigarettes on June 18, 2013, at approximately 5:51 PM 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).

The listed violation causes your cigarettes to be “misbranded” under 903 of the FD&C Act (21 U.S.C. § 387c).

You should immediately correct the violation listed above. Failure to correct the violation 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 violation 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 http://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 violation and preventing future violations. Include a telephone number and address. Note your reference number of 13LA001798in 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.



Ann Simoneau, J.D.


Office of Compliance and Enforcement

Center for Tobacco Products