Legal Question in Civil Litigation in Pennsylvania

The FDA tobacco enforcement division was granted the power to file for civil money penalties to assist their enforcement. The process begins with serving the defendant a warning letter advising to correct their procedures of ID check and selling tobacco to minors. However, even though the letter was sent to the correct defendant address, the defendant was not named in the letter. The letter was named to an unrelated entity. The defendant did not notice the error and proceeded with the process. The case has gone past discovery, got scheduled for hearing in front of a line judge. 7 days prior to the hearing, the FDA gave notice that a new judge must hear the case and the hearing date was kept but changed to a pre-hearing with new future dates. It was at this time the defendant noticed the lack of due diligence in the serving and filed a motion to dismiss due to the error in service of the warning. The FDA, realizing their error, changed the filings to d/b/a the error name. Do they have legal grounds to continue these proceedings?

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