EPA v. QVC, INC.

Case summary

On June 2, 2022, a Consent Agreement and Final Order entered into by EPA and QVC, Inc. ( Respondent ) was filed with the Regional Hearing Clerk settling alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA ). The violations were discovered as a result of investigations into suspect products imported by Respondent into the Port of Norfolk -News from China in 2020 and 2021. The products include: Bell+Howell Ultrasonic Plug-In Pest Repeller which, though produced in an EPA registered establishment and with the establishment registration number on the devices themselves (not visible to potential consumers), failed to display establishment registration number on their immediate containers; UV-C Wand Portable UV-C Sterilizer which had labeling that made false or misleading sterilization claims; and FS-Hy Genie UVC Large Sanitizing Bag which had labeling that made false or misleading safety claims. As alleged in the Consent Agreement and Final Order, Respondent?s imports constituted distributions or sales of misbranded pesticide devices, constituting unlawful acts under Section 12(a)(1)(F) of FIFRA, and subjecting Respondent to civil penalties under Section 14(a) of FIFRA. Prior to the settlement, EPA worked closely with Respondent to remedy the labeling to make the devices compliant with FIFRA such that they could lawfully enter and be distributed the United States, and to address possible FIFRA compliance issues associated with products offered for sale on its website. The types of FIFRA violations at issue in this matter are exempt from EJ analyses because they effect consumers generally and do not unduly impact a specific location. According to the Consent Agreement and Final Order, Respondent is assessed a penalty in the amount of one FOURTEEN THOUSAND ONE HUNDRED AND SIXTY DOLLARS ($14,160). The Pennsylvania Department of Agriculture has been notified of this action and has raised no objection.

Defendants (1)

• QVC, INC.Named in complaintNamed in settlement

Facilities (2)

• QVC, INC.

  1200 WILSON DRIVE, WEST GOSHEN, TOWNSHIP OF, PA, 19380

  Registry ID: 110017830702

• QVC, INC.

  1200 WILSON DRIVE, WEST GOSHEN, TOWNSHIP OF, PA, 19380

  Registry ID: 110017830702

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• QVC, INC.entered 2022-06-02

  Primary law: FIFRA

  Federal penalty: $14,160

Timeline (4 milestones)

• 2022-06-02Complaint Filed/Proposed Order
• 2022-06-02Final Order Issued
• 2022-06-09Enforcement Action Data Entered
• 2022-06-21Enforcement Action Closed