EPA v. HEALTHE INC

Case summary

8/5/2020 - NOTICE OF REFUSAL OF ADMISSION IT APPEARS THAT THE PRODUCT IS NOT IN COMPLIANCE WITH THE ACT AND IS SUBJECT TO REFUSAL OF ADMISSION DUE TO THE FOLLOWING VIOLATION(S): FIFRA 12(a)(2)(N) FAILURE TO FILE REPORTS REQUIRED BY THE ACT. THE IMPORTER OR THE IMPORTER'S AGENT DID NOT FILE A NOTICE OF ARRIVAL OF PESTICIDE AND DEVICES (NOA) EPA FORM 3540-1 PRIOR TO THE ARRIVAL OF THE SHIPMENT IN THE U.S. OR AN ELECTRONIC ALTERNATIVE TO THE NOA, FILED WITH THE ENTRY DOCUMENTATION, VIA ANY U.S. CUSTOMS AND BORDER PROTECTION (CBP) AUTHORIZED ELECTRONIC DATA INTERCHANGE SYSTEM. FIFRA 12(a)(1)(F) TO SELL OR DISTRIBUTE A PESTICIDE DEVICE THAT IS MISBRANDED. SPECIFICALLY, THE DEVICE IS NOT LABELLED IN ACCORDANCE WITH FIFRA SECTION 2(q)(1) IN THAT THE PRODUCT LABEL DOES NOT INCLUDE AN EPA EST. NO.

Defendants (1)

• HEALTHE INCNamed in settlement

Facilities (1)

• HEALTHE, INC.

  3905 W EAU GALLIE BLVD, MELBOURNE, FL, 32934

  Registry ID: 110070790463

Statutes cited

• FIFRA 12A1F — Device Misbranded
• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• HEALTHE INCentered 2020-08-05

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-08-05Final Order Issued
• 2020-08-05Enforcement Action Closed
• 2020-09-23Enforcement Action Data Entered