ALEXANDRIA, Va. – Earlier this year an administrative law judge ruled that the Center for Tobacco Products (CTP) was violating retailers’ rights and illegally charging them with two violations for a single inspection, along with denying them the right to a hearing to challenge warning letters. These improper violations can result in higher fines and an accelerated “no-sale order” status for convenience store(s).
NACS and retail member Orton Motor Co. launched a legal challenge in December 2015 to some of the practices CTP had engaged in to enforce its tobacco regulations, and in February, Administrative Law Judge Lewis T. Booker Jr. ruled in favor of Orton and NACS: Retailers cannot be charged with two violations for a single inspection and retailers are entitled to a hearing to challenge warning letters (or other penalties).
Although the CTP is appealing that case, NACS has prepared a toolkit that allows NACS members to make similar arguments in response to complaints and warning letters from CTP and fully protect their rights.
If you have been the victim of either of these violations, below is a fillable appeal letter, accessible only to NACS members. Please note that you have 30 days from receipt of a complaint for CTP to provide an answer or to request an extension.
Click below to access a fillable appeal letter:
Questions may be directed to Lyle Beckwith, NACS senior vice president of government relations, at lbeckwith@nacsonline.com.