Pago Pago, AMERICAN SAMOA — The Center for Tobacco Products (CTP) of the US Food and Drug Administration (FDA), is seeking a $570 civil money penalty (CMP) against KM Inc., d.b.a KM — located in Petesa — for violating provisions of the FDA’s tobacco regulations, at least three times within a 24-month period, according to a 5-page federal complaint before a departmental appeal’s board.

The complaint, which was made public last week through federal portal — <regulations.gov> - was issued Aug. 12th. KM Inc. has been given a certain time frame to file a response.

According to the complaint, among other things, the FDA has the authority to seek a civil money penalty from any person who violates a requirement of the federal Food, Drug, and Cosmetic Act related to tobacco products. Furthermore, retailers who violate regulations under provisions of this federal law may incur a civil money penalty up to the maximum amounts set in the federal Family Smoking Prevention and Tobacco Control Act

The complaint alleges that on May 10, 2019 an FDA-commissioned inspector conducted an inspection of KM Inc., which sold a package of cigarettes to a minor, whose identification was not verified by the store before the sale. The same type of violation allegedly occurred on Feb. 21, 2018, where a minor purchased cigarettes without the store verifying his age.

As a result, CTP issue a “warning letter” on May 10, 2018 to KM Inc., informing them that the FDA had “documented violations”.

The store received the letter on the first week of June, according to the complaint, which notes that KM Inc., has been informed about how to respond to the complaint and the method of appealing the case.