9/23/2025 - STOP SALE, USE, OR REMOVAL ORDER ISSUED.
ALLEGED VIOLATIONS:
ON OR AROUND APRIL 16, 2025, THE EPA ISSUED AN OPPORTUNITY TO SHOW CAUSE LETTER TO RESPONDENT ALLEGING THE DISTRIBUTION OR SALE OF A MISBRANDED DEVICE WHICH IS AN INSTRUMENT OR CONTRIVANCE INTENDED FOR DESTROYING OR MITIGATING ANTIMICROBIAL PESTS, IMPORTED BETWEEN JANUARY 2020 AND NOVEMBER 2023, IN APPARENT VIOLATION OF FIFRA SECTION 12(A)(1)(F), 7 U.S.C. ? 136J(A)(1)(F).
BASED ON THE EPA?S REVIEW, THE INSTALLATION INSTRUCTION INCLUDED IN THE AIR PURIFIER PACKAGING WERE MISLEADING, AS SET FORTH IN 40 C.F.R. ? 156.10(A)(5)(II), BECAUSE THE PESTICIDAL EFFICACY CLAIMS WERE GENERIC AND DID NOT SPECIFY THE SPECIFIC PEST(S) SPECIES AGAINST WHICH THE DEVICES HAVE BEEN PROVEN TO BE EFFECTIVE. THE DEVICES ARE THEREFORE MISBRANDED PURSUANT SECTION 2(Q)(1)(A) OF FIFRA, 7 U.S.C. ? 136(Q)(1)(A), AND THE UNAUTHORIZED DISTRIBUTION OR SALE OF THESE MISBRANDED DEVICES BY RESPONDENT CONSTITUTES AN UNLAWFUL ACT IN VIOLATION OF SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F).
PURSUANT TO SECTION 13(A) OF FIFRA, 7 U.S.C. ? 136K(A), RESPONDENT IS HEREBY ORDERED TO STOP ANY FURTHER DISTRIBUTION, SALE, OFFER FOR SALE, USE, OR REMOVAL OF ALL QUANTITIES OF THE AFFECTED DEVICES SUBJECT TO THIS ORDER, EXCEPT THAT RESPONDENT SHALL BE ALLOWED TO UNDERTAKE THE PROPOSED ACTIVITIES DESCRIBED IN THE PLAN OF ACTION IN SECTION III OF THIS SSURO TO RELABEL THE AFFECTED DEVICES BY REMOVING ALL PESTICIDAL CLAIMS.
WITHIN T