Orton Motor, Inc. v. U.S. Dep't of Health & Human Servs.

Wilkins, Circuit Judge:

*1207 Orton Motor, Inc. d/b/a Orton's Bagley ("Orton") is a gas station and convenience store in Bagley, Minnesota, that sells cigarettes and tobacco products, among other sundries. The Food and Drug Administration ("FDA") levied civil money penalties in the amount of $500 against Orton following two inspections in which Orton sold cigarettes to a minor without first checking identification to verify age. As a policy, if a retailer fails an inspection for the first time, the FDA's Center for Tobacco Products (the "Center") charges all violations observed during that…