EPA v. MTJ AMERICAN, LLC

Case summary

3/31/11 - STOP SALE, USE OR REMOVAL ORDER (SSURO) ISSUED. ON OR ABOUT JULY 22, 2010, EPA INSPECTED THE RESPONDENT'S FACILITY. THE INSPECTION REVEALED THAT THE RESPONDENT SOLD AND DISTRIBUTED MATTRESS PRODUCTS WITH ANTIMICROBIAL PESTICIDAL CLAIMS INCLUDING PUBLIC HEALTH CLAIMS. FUSION ADVANTAGE PRESSURE RELIEF MEDICAL MATTRESS, FUSION ADVANTAGE UNIVERSITY MATTRESS, FUSION DETECTION MATTRESS WITH SILVER, ECONOO SAFE DETECTION MATTRESS, CLEAR SAFE DETENTION MATTRESS, SUMMIT SELAED SAFE BEHAVIORAL HEALTH MATTRESS, SILVER SEWN SAFE UNIVERSITY MATTRESS, SEALED SAFE DETENTION MATTRESS WITH SILVER, SEALED SAFE UNIVERSITY MATTRESS, VALUE SAFE DETENTION MATTRESS WITH SILVER, SEALED SAFE UNIVERSITY MATTRESS, VALUE SAFE DETECTION MATTRESS AND VALUE SAFE UNIVERSITY MATTRESS ARE PESTICIDES AS DEFINED BY FIFRA SEC 2(u) IN THAT THEY ARE SUBSTANCES OR A MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING A PEST. FURTHER THE MTJ AMERICAN, LLC, PRODUCTS ABOVE ARE ANTIMICROBIAL PESTICIDES AS DEFINE IN FIFRA SEC 2(mm) IN THAT THEY ARE INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS. THESE PRODUCTS ARE OFFERED FOR SALE AT RESPONDENT'S FACILITY AND OVER THE INTERNET WEBSITE AND ARE NOT REGISTERED AS PESTICIDES WITH EPA. IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON A PESTICIDE THAT IS NOT REGISTERED BY EPA. THESE PRODUCTS WERE MISBRANDED IN THAT THEY FAILED TO BEARN INFO REQUIRED BY EPA INCLUDING, BUT NOT LIMITED TO, AN EPA ESTABLISHMENT NUMBER, AN INGREDIENT STATEMENT AND AN EPA REGISTRATION NUMBER. ACCORDING TO SEC 2(q) OF FIFRA A PESTICIDE IS MISBRANDED IF ITS LABEL FAILS TO BEAR THE REGISTRATION NUMBER ASSIGNED UNDER SEC 7 TO EACH ESTABLISHMENT IN WHICH IT WAS PRODUCED, AN INGREDIENT STATEMENT, AND AN EPA REGISTRATION NUMBER. SECTION 12(a)(1)(E) STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED OR MISBRANDED. AT THE TIME OF THE INSPECTION, RESPONDENT'S FACILITY WAS NOT REGISTERED AS A PESTICIDE PRODUCING ESTABLISHMENT WITH EPA AND RESPONDENT PRODUCED THE ABOVE-NAMED PESTICIDES AT ITS FACILITY. PURSUANT TO FIFRA 12(a)(2)(L) IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN AN UNREGISTERED ESTABLIHMENT. ORDER: RESPONDENT IS HEREBY ORDERED TO STOP ANY FURTHER DISTRIBUTION, SALE, USE, OR REMOVAL OF THE PRODUCTS. THESE UNREGISTERED PESTICIDES OR ANY OTHER UNREGISTERED PESTICIDE SHALL NOT BE SOLD; OFFERED FOR SALE; HELD FOR SALE, SHIPPED; DELIVERED FOR SHIPMENT; RECEIVED; OR, HAVING BEEN SO RECEIVED, DELIVERED, OFFERED FOR DELIVERY, MOVED, OR REMOVED FROM THE PREMISES, FOR ANY REASON. RESPONDENT SHALL NOT COMMENCE ANY SALE OR DISTRIBUTION OF THE ABOVE PRODUCTS, OR ANY OTHER UNREGISTERED PESTICIDE, WITHOUT PRIOR WRITTEN APPROVAL FROM EPA.

Defendants (1)

• MTJ AMERICAN, LLC SB)Named in settlement

Facilities (1)

• MTJ AMERICAN, LLC

  4276 HELENA STREET, GRANITE, NC, 28630

  Registry ID: 110043466978

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• MTJ AMERICAN, LLCentered 2011-03-31

  Primary law: FIFRA

Timeline (2 milestones)

• 2011-03-31Final Order Issued
• 2011-04-14Enforcement Action Data Entered