EPA v. Modern Day Products, LLC et al.

Case summary

Respondent was cited for the sale and distribution of unregistered, misbranded pesticides, and failure to submit Notice of Arrival forms for imported pesticide devices. The products from the Mosquito Guard line and Zika Shield line did not meet minimum risk pesticide conditions. The Mosquito Guard Repellent Spray contained ethanol as an active ingredient which is not an approved active ingredient for minimum risk pesticides. The Zika Shield products made public health claims to protect against the zika virus. The products were sold on Amazon and sales were fulfilled by Amazon. As a result of the settlement, the Respondent ceased production and sale of the Zika Shield products, changed the formula of the Mosquito Guard Repellent Spray, relabeled products that had false or misleading product statements, removed false and misleading statements from the Amazon product description and MosquitoGuard.com, and has disposed of the Mosquito Guard Repellent Spray that contained ethanol. According to the settlement, the respondent has agreed to pay a civil penalty of $7,500 based on reduction due to inability to pay and certify that it has come into compliance with FIFRA.

Defendants (2)

• Mobile Pro Gear, LLCNamed in complaintNamed in settlement
• Modern Day Products, LLCNamed in complaintNamed in settlement

Facilities (1)

• MODERN DAY PRODUCTS, LLC

  5305 VERMELLA WAY, LYNDHURST, NJ, 07071

  Registry ID: 110070101861

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Modern Day Products, LLC et al.entered 2018-09-18

  Primary law: FIFRA

  Federal penalty: $7,500

Timeline (4 milestones)

• 2018-07-31Enforcement Action Data Entered
• 2018-09-18Enforcement Action Closed
• 2018-09-18Final Order Issued
• 2018-09-18Complaint Filed/Proposed Order