FDA‑funded tobacco inspection unit fully staffed; Q1 shows 87% compliance rate

Susan Ekstrom, the LCB's FDA program coordinator, told the May 13 meeting that the division operates a five‑year contract with the U.S. Food and Drug Administration that funds six full‑time tobacco inspectors and a program coordinator. "We conduct tobacco inspections across all Washington state tobacco and vapor product retailers," she said, describing two primary inspection types: undercover buy attempts to detect underage sales and advertising/labeling inspections to verify warnings and authorized displays.

Ekstrom said the team's goal is an annual inspection of every retailer; if a retailer is in compliance during a check, the contract prohibits further FDA inspections that year, but out‑of‑compliance findings trigger FDA follow‑up and potential multiple checks. She described the FDA adjudication flow: inspectors submit reports to the FDA; if the FDA agrees a violation occurred it issues a notice and may ultimately impose penalties—first a warning, then civil monetary penalties or a no‑tobacco‑sales order for repeat offenders.

Judy Edwards and Susan provided quarter‑one statistics for the FDA program: 876 inspections in the quarter, including 205 advertising and labeling reviews and 671 undercover buy attempts; 90 referrals were made for underage sales, yielding an 87% compliance rate for the quarter. The presenters cautioned that FDA public reporting lags until the agency completes its adjudication, and said the LCB research team is building dashboards to publish finalized data once actions are adjudicated.

A board member asked how Washington's program compares to other states. Ekstrom and Chief Grant said state programs differ—contracts and reporting structures vary—so straightforward state‑to‑state comparisons are often imperfect. The presenters said Washington historically checks a high share of locations and was among the earlier adopters of the FDA cooperative contract model.