EPA v. MOHAWK GROUP HOLDINGS, INC

Case summary

8/5/2020 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. BETWEEN APRIL 7, 2020 TO APRIL 10, 2020, FLEXPORT CUSTOMS, LLC (FLEXPORT), A LICENSED CUSTOMS BROKER, FILED ON BEHALF OF MOHAWK THREE ENTRIES WITH THE PORT OF CHARLESTON, SOUTH CAROLINA IN CBP?S ACE SYSTEM FOR THE IMPORTATION OF: (1) MOHAWK?S HOMELABS BRANDED 50-PINT DEHUMIDIFIERS; (2) MOHAWK?S VREMI BRANDED 50-PINT DEHUMIDIFIERS AND MOHAWK?S VREMI BRANDED 22-PINT DEHUMIDIFIERS; AND (3) MOHAWK?S HOMELABS BRANDED 50-PINT DEHUMIDIFIERS. ON APRIL 17, 2020, THE EPA ADVISED MOHAWK THAT: (1) THE VREMI AND HOMELABS DEHUMIDIFIERS APPEARED TO BE PESTICIDE DEVICES; (2) THE DEVICES WERE MISBRANDED IN THAT THEY LACKED EPA ESTABLISHMENT NUMBERS: AND (3) THE DEVICES HAD BEEN IMPORTED WITHOUT NOTICES OF ARRIVAL OF PESTICIDES AND DEVICES (NOAS) BEING FILED AS REQUIRED BY SECTION 17(C) OF FIFRA, 7 U.S.C. ? 136O(C) AND 19 C.F.R. ? 12.112, AND IN VIOLATION OF SECTION 12(A)(2)(N) OF FIFRA. THE EPA REQUESTED THAT FLEXPORT EITHER SUBMIT THE NOAS OR PROVIDE A LETTER OF INTENDED USE FROM MOHAWK AND COPIES OF THE PRODUCTS? LABELING TO DEMONSTRATE THAT NOAS WERE NOT REQUIRED FOR THE PRODUCTS. BETWEEN APRIL 17 AND MAY 29, 2020, THE DEHUMIDIFIERS WERE DELIVERED TO THE THIRD-PARTY WAREHOUSE/FULFILLMENT CENTERS WHERE MOHAWK AGREED TO HOLD THEM INTACT AT THOSE LOCATIONS UNTIL THE CONCERNS RAISED BY THE EPA WERE RESOLVED. ON OR ABOUT JUNE 17, 2020, MOHAWK ADVISED THE EPA THAT IT HAD COMPLETED THE REMOVAL OF PESTICIDAL CLAIMS FROM ITS VREMI AND HOMELABS WEBSITES AND ON ITS PRODUCTS? AMAZON WEB PAGES.

Defendants (1)

• MOHAWK GROUP HOLDINGS, INCNamed in settlement

Facilities (1)

• MOHAWK GROUP HOLDINGS, INC

  37 EAST 18TH STREET, FLOOR 7, NEW YORK, NY, 10003

  Registry ID: 110070829067

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• MOHAWK GROUP HOLDINGS, INCentered 2020-08-05

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-08-05Final Order Issued
• 2020-08-19Enforcement Action Data Entered
• 2021-03-16Enforcement Action Closed