7-Eleven, Inc. d/b/a 7 Eleven/Conoco 34924A, DAB No. 3232 (2026)

DETERMINATION TO DECLINE REVIEW OF

ADMINISTRATIVE LAW JUDGE DECISION

7-Eleven, Inc. d/b/a 7-Eleven/Conoco 34924A (Respondent) appeals an Administrative Law Judge’s Initial Decision and Default Judgment (ALJ Decision), 7-Eleven, Inc. d/b/a 7-Eleven/Conoco 34924A, DAB TB10598 (March 4, 2026), to the Departmental Appeals Board (Board).  The ALJ imposed a $709 civil money penalty on Respondent for violating provisions of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., and its implementing regulations at 21 C.F.R. Part 1140.  ALJ Decision at 3. 

A party may appeal an ALJ’s initial decision by timely filing with the Board a notice of appeal, “accompanied by a written brief,” and “must identify specific exceptions to the initial decision, must support each exception with citations to the record, and must explain the basis for each exception.”  21 C.F.R. § 17.47(a)-(c). 

Respondent has not met these requirements.  Respondent’s appeal submission consists only of two copies of the March 4, 2026 transmittal letter issued with the ALJ Decision.  Respondent did not file a notice of appeal or a written brief and did not specify, support, or explain any exceptions to the ALJ Decision, as the regulations require.  The Board’s March 31, 2026 letter acknowledging receipt of Respondent’s appeal filing explained that it “does not satisfy the applicable content requirements” in 21 C.F.R. § 17.47(c) and gave Respondent an opportunity to file a compliant brief on or before April 3, 2026.  Acknowledgment Letter at 2.  However, Respondent filed nothing further.

Declining review is appropriate in these and similar circumstances.  See, e.g., AZ & Bemnet LLC, DAB No. 3221 (2026); Ysidro V Cabrera, DAB No. 3213 (2025); M Zain Inc., DAB No. 3174 (2025); Khush Fam. Inc., DAB No. 2959 (2019); Joe Eideh, DAB No. 2879 (2018); Sawa Tobacco, Inc., DAB No. 2813 (2017).

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Therefore, the Board has determined to “decline to review the case” and the ALJ Decision “shall be final and binding on the parties 30 days after” this declination.  21 C.F.R. § 17.47(j).