6/26/2024 - STOP SALE, USE, OR REMOVAL ORDER ISSUED.
ALLEGED VIOLATIONS:
UPON EPA?S REVIEWS OF THE RESPONDENT?S WEBSITES CONDUCTED ON OR AROUND JUNE 20, 2023, SEPTEMBER 18, 2023, AND FEBRUARY 6, 2024 THE EPA OBSERVED AND DOCUMENTED CLAIMS THAT SPECIFIED PRODUCTS WITHIN THE CAFO INTENDED FOR TRAPPING, DESTROYING, REPELLING, OR MITIGATING PESTS, AND THEREFORE A DEVICE AS THAT TERM IS DEFINED IN SECTION 2(H) OF FIFRA, 7 U.S.C. ? 136(H), AND 40 C.F.R. ? 152.500(A). BASED ON THE CLAIMS NOTED, EACH OF THE DEVICES IS MISBRANDED PURSUANT TO 40 C.F.R. ? 156.10(A)(5)(II), AS THEIR LABELING CONTAINS FALSE OR MISLEADING STATEMENTS CONCERNING THE EFFECTIVENESS OF THE PRODUCTS AS DEVICES AND BY OFFERING THE PRODUCT FOR SALE RESPONDENT ?DISTRIBUTED OR SOLD? MISBRANDED DEVICES IN VIOLATION OF SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F). IN ADDITION, A PRODUCT DESCRIBED WHEREIN IS MISBRANDED PURSUANT TO 40 C.F.R. ? 156.10(A)(5)(II), AS ITS LABELING CONTAINS FALSE OR MISLEADING STATEMENTS CONCERNING THE EFFECTIVENESS OF THE PRODUCT AS A DEVICE, INCLUDING BROAD, UNSUPPORTED, AND UNQUALIFIED PUBLIC HEALTH CLAIMS. BY LISTING THE PRODUCT FOR SALE, RESPONDENT ?DISTRIBUTED OR SOLD? MISBRANDED DEVICES IN VIOLATION OF SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F).