EPA v. THERMALFISHER SCIENTIFIC (ASHEVILLE), LLC

Case summary

On June 24, Region 3 issued a Notice of Refusal of Admissions (NORA) to the U.S. Customs and Border Protection to refuse admission of misbranded pesticide devices imported by Thermo Fisher Scientific of Asheville, NC through the port of Baltimore, MD. The devices are replacement filters for lab equipment and they were missing the full name and address of the producer or person for whom produced which is considered misbranding. FIFRA regulates pesticidal products, which includes any substance or mechanical device intended to prevent, destroy, repel, kill, or mitigate a pest, which includes filters and UV lights intended to kill or filter out bacteria. Pesticide devices must be properly labelled. Sale and distribution of a misbranded pesticide device is a violation of FIFRA. The importer has the option to remove the products from the shipment and export them or destroy them.

Defendants (1)

• THERMALFISHER SCIENTIFIC (ASHEVILLE), LLCNamed in settlement

Facilities (1)

• THERMALFISHER SCIENTIFIC (ASHEVILLE), LLC

  28 SCHENCK PARKWAY, ASHEVILLE, NC, 28803

  Registry ID: 110070790877

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• THERMALFISHER SCIENTIFIC (ASHEVILLE), LLCentered 2020-06-24

  Primary law: FIFRA

Timeline (2 milestones)

• 2020-06-24Final Order Issued
• 2020-07-29Enforcement Action Data Entered