EPA v. NANOTOUCH MATERIALS, LLC

Case summary

On January 31, 2023, EPA, Region 3 issued a Stop Sale, Use or Removal Order ( SSURO ) to Nanotouch Materials, LLC ( Nanotouch ) located in Forest, VA, alleging violations of FIFRA. This enforcement action furthers FIFRA's purpose of preventing the potentially harmful use of unregistered pesticides. On June 8, 2020, Region 3 received a tip recommending that Respondent and its www.nanoseptic.com website be evaluated for compliance with FIFRA. On September 22, 2020, Region 3 issued an information request letter to Nanotouch for information including a list of products it offers for sale, associated marketing and/or advertising materials, product packaging and labeling, and sales records for each product. Region 3 reviewed the information provided in response to the information request and discovered that the products being sold by Nanotouch the Nanotouch Self-Cleaning Surfaces were being offered for sale with claims indicating that their intended use is pesticidal. On January 19, 2022, Nanotouch submitted a request to the Office of Pesticide Programs (OPP) for a determination as to whether its Nanotouch Self-Cleaning Surfaces were pesticide devices. OPP issued its Device Determination on June 10, 2022, finding that the products were pesticides requiring registration. On June 14, 2022, Region 3 attempted to conduct an on-site inspection, however, was refused admission, so on July 22, 2022, Region 3 issued a second information request letter in lieu of a physical inspection. The SSURO orders Nanotouch to stop any further distribution, sale, use, or removal of Nanotouch Self-Cleaning Surfaces except in compliance with FIFRA. This action does not impact environmental justice communities of concern as the products sold by Nanotouch are sold nationally. EPA notified VA Department of Agriculture and Consumer Services of the action.

Defendants (1)

• NANOTOUCH MATERIALS, LLCNamed in settlement

Facilities (1)

• NANOTOUCH MATERIALS, LLC

  1053 EAST LONDON PARK DRIVE, FOREST, VA, 24551

  Registry ID: 110070836063

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• NANOTOUCH MATERIALS, LLCentered 2023-01-31

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-01-31Final Order Issued
• 2023-02-01Enforcement Action Data Entered
• 2023-04-13Enforcement Action Closed