EPA v. VIACLEAN TECHNOLOGIES, LLC (COVID-19)

Case summary

On March 18, 2021, EPA, Region 3 issued a Stop Sale, Use, or Removal Order ( SSURO ) to ViaClean Technologies, LLC ( ViaClean ) located in Philadelphia, PA, alleging violations of FIFRA. This enforcement action furthers FIFRA's purpose of ensuring pesticides will not cause undue risk to human health or the environment. Region 3 reviewed some of ViaClean's advertisements, as well as the websites of product distributors and discovered public health claims about ViaClean's product BioProtect RTU that are outside of the claims and/or statements made in connection with its registration under Section 3 of FIFRA, 7 U.S.C. 136a, and 40 C.F.R. 168.22. The sale/distribution of a registered pesticide with claims made for it as a part of its distribution or sale that substantially differ from any claims made for it as a part of the statement required in connection with its registration under Section 3 of FIFRA is prohibited under the Act. The SSURO orders ViaClean to stop any further distribution, sale, use, or removal of BioProtect RTU to those customers who have received the product with public health claims associated with it until the products are brought into compliance with FIFRA. EPA notified PA Department of Agriculture of the action.

Defendants (1)

• VIACLEAN TECHNOLOGIES, LLC (COVID-19)Named in settlement

Facilities (1)

• VIACLEAN TECHNOLOGIES, LLC

  230 S BROAD STREET, PHILADELPHIA, PA, 19102

  Registry ID: 110070836383

Statutes cited

• FIFRA 12A1B — Claim Difference

Enforcement conclusions (1)

• VIACLEAN TECHNOLOGIES, LLC (COVID-19)entered 2021-03-18

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-03-18Final Order Issued
• 2021-03-22Enforcement Action Data Entered
• 2021-06-23Enforcement Action Closed