Prestige S&A Product Corp. d/b/a Tobacco City, DAB No. 3238 (2026)

DETERMINATION TO DECLINE REVIEW OF
ADMINISTRATIVE LAW JUDGE DECISION

An Administrative Law Judge (ALJ) granted a motion for sanctions by the Center for Tobacco Products (CTP) and issued an initial decision and default judgment against Prestige S&A Product Corp. d/b/a Tobacco City (Respondent), which now appeals to the Departmental Appeals Board (Board).  Prestige S&A Product Corp. d/b/a Tobacco City, DAB TB10939 (May 8, 2026) (ALJ Decision).  The ALJ sanctioned Respondent under 21 C.F.R. § 17.35 for repeated “noncompliance and lack of responsiveness” to ALJ orders and CTP discovery requests, a course of conduct that “effectively brought this proceeding to a standstill without any explanation or justification.”  Id. at 2-5.  The ALJ struck Respondent’s Answer to CTP’s complaint and entered a default judgment imposing a $709 civil money penalty against Respondent for violating the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., and its implementing regulations, 21 C.F.R. pt. 1140.  Id. at 2, 4-6.

Respondent’s notice of appeal does not meet regulatory requirements to “identify specific exceptions to the initial decision,” to “support each exception with citations to the record,” to “explain the basis for each exception,” and to include “a written brief.”  See 21 C.F.R. § 17.47(c).  Respondent’s one-page notice of appeal “acknowledges that deadlines were missed,” states without details that Respondent “attempted to communicate” with “the appropriate offices by telephone,” and claims “the failures were not willful” and “default judgment is a severe sanction.”  Suppl. Statement in Supp. of Appeal.  However, Respondent fails to specify or support any claim of factual or legal error by the ALJ.  Id.

The Board may, and does, “decline to review” this case.  See 42 C.F.R. § 17.47(j).  Petitioner states no basis for disturbing the ALJ’s factual findings or legal conclusions on any issue, and in analogous cases the Board has determined that it did not need to render a separate decision.  See Twin Peaks Drive Thru, LLC, DAB No. 3202 (2025); Rose W. Gunckel, DAB No. 3015 (2020); Red Brick Liquors Corp., DAB No. 2831 (2017); FC & G, Inc., DAB No. 2827 (2017); Baba Jawala Singh II, Inc., DAB No. 2817 (2017). 

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We thus decline to review the ALJ Decision, which “shall be final and binding on the parties 30 days after” this declination.  21 C.F.R. § 17.47(j).