These claims demonstrate a pesticidal intent pursuant to the definitions above. The LeveLuk K8 Kangen Water Filter is thus a pesticide device and subject to FIFRA regulation.
The LeveLuk K8 Kangen Water Filter is a device under FIFRA section 2(h), 7 U.S.C. ? 136(h), and 40 C.F.R ? 152.500(a) because it falls within the definition of ?any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest, [which includes virus, bacteria, or other micro-organism,] or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom.?
The LeveLuk K8 Kangen Water Filter is misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1) because there is no EPA Establishment Number, no directions for use, and no caution or warning statements on their labels.
The LeveLuk K8 Kangen Water Filter is also misbranded because the labeling contains false or misleading statements including, ?to sterilize vegetables? as defined by 7 U.S.C. ? 136(q)(1) and 40 C.F.R. ? 156.10(a)(5).
Therefore, this product is misbranded pursuant to 7 U.S.C. ? 136(q)(1). Importing the product in the shipment referenced above is a violation of FIFRA section 12(a)(1)(F), 7 U.S.C. ? 136j(a)(1)(F), as a distribution or sale of a misbranded device.
The shipment tha