Twin Peaks Drive Thru, LLC, DAB No. 3202 (2025)

DETERMINATION TO DECLINE REVIEW OF

This case is before the Departmental Appeals Board on a notice of appeal filed by Twin Peaks Drive Thru, LLC d/b/a Twin Peaks Drive Thru/Convenience Store (Respondent). Respondent seeks to appeal an “Order Granting Complainant’s Motion to Impose Sanctions and Initial Decision and Default Judgment” (Initial Decision) of an Administrative Law Judge (ALJ) in Twin Peaks Drive Thru, LLC d/b/a Twin Peaks Drive Thru/Convenience Store, DAB TB9266 (Apr. 29, 2025). The ALJ granted a motion for sanctions filed by the Center for Tobacco Products (CTP), struck Respondent’s answer to CTP’s complaint, and entered a default judgment against Respondent for failing to comply with multiple procedures and orders, including a discovery order, and failing to defend its case. Initial Decision at 2, 4-5 (citing 21 C.F.R. § 17.35(a), (b), (c)(3)). Based on the unrebutted allegations in CTP’s complaint, the ALJ found that Respondent violated the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., by selling a regulated tobacco product in violation of a No-Tobacco-Sale Order. Id. at 5-6. The ALJ assessed a civil money penalty against Respondent in the amount of $20,678. Id. at 6-7.

Either party may appeal an ALJ’s initial decision by filing a timely notice of appeal with the Departmental Appeals Board (Board). 21 C.F.R. § 17.47(a), (b). A notice of appeal must be 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.” Id. § 17.47(c). Respondent’s Notice of Appeal (NA) was not accompanied by a written brief and does not identify any specific exceptions to the Initial Decision. Respondent argues only that its failure to respond to multiple ALJ orders was due to its “mistaken belief” that a mere consultation with a bankruptcy attorney resulted in an automatic stay of all proceedings. NA at 1. Such a defense does not, under any circumstances, excuse Respondent’s conduct or demonstrate any ALJ error. See, e.g., Amira Tobacco Inc., DAB No. 3141, at 6-7 (2024) (rejecting

Page 2

arguments based on attorney neglect and affirming ALJ’s decision to strike answer and enter default judgment as a sanction for respondent’s failure to comply with ALJ orders).

Absent specific exceptions or any explanation of how or why the ALJ erred, and having considered the record before the ALJ, we find no basis to disturb the ALJ’s factual findings or legal conclusions. We therefore decline review of and summarily affirm the Initial Decision. See 21 C.F.R. § 17.47(j) (authorizing the Board to decline review); Baba Jawala Singh II, Inc., DAB No. 2817 (2017). The Initial Decision shall become final and binding 30 days after this declination. See 21 C.F.R. § 17.47(j).