EPA v. SPREETAIL, LLC

Case summary

1/21/2021 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. BETWEEN AUGUST 27, 2020 AND DECEMBER 11, 2020, ALLIANCE CUSTOMS CLEARANCE, INC. (HEREINAFTER ALLIANCE), THE LICENSED CUSTOMS BROKER FOR SPREETAIL, FILED ENTRIES IN THE CBP ACE SYSTEM ON BEHALF OF SPREETAIL FOR SALTWATER SYSTEM PRODUCTS AS FOLLOWS: - ENTRY NUMBERS DQ1-02456943 (8/27/2020), DQ1-02457891 (9/16/2020), DQ1-02464962 & DQ1-02464103 (11/12/2020) ARRIVED AT THE PORT OF SAVANNAH, GA. - ENTRY NUMBERS DQ1-02457297 (9/21/2020), DQ1-02458253 (10/6/2020), DQ1-02457313 (10/6/2020), DQ1-02464574 (12/3/2020), DQ1-02465399 (12/11/2020) ARRIVED AT THE PORT OF INDIANAPOLIS, IN. - ENTRY NUMBERS DQ1-02464954 (10/28/2020) ARRIVED AT THE PORT OF LOS ANGELES, CA. UPON REVIEW OF THE LABELS PROVIDED BY SPREETAIL AND/OR INTEX RECREATION CORPORATION (THE MANUFACTURER) FOR THE PRODUCTS OUTLINED ABOVE IMPORTED BY SPREETAIL, THE EPA DETERMINED THE CLAIMS FOUND ON THE LABELS SHOWED THAT THE PRODUCTS ARE ?PESTICIDE DEVICES? AS THAT TERM IS DEFINED BY SECTION 2(H) OF FIFRA, 7 U.S.C. 136H, IN THAT THEY ARE INSTRUMENTS INTENDED FOR DESTROYING PESTS. SPECIFICALLY, THE LABELING FOR ALL THE PRODUCTS OUTLINED ABOVE STATE ?DESTROYS CONTAMINANTS SUCH AS BACTERIA AND ALGAE, LEAVING THE POOL WATER SANITIZED.? UPON REVIEW OF THE COPIES OF THE LABELS FOR THE PRODUCTS OUTLINED ABOVE, THE EPA DETERMINED THAT THE PRODUCTS WERE MISBRANDED DUE TO FALSE OR MISLEADING CLAIMS FOUND IN THE MANUALS, RETAIL BOXES AND COMPANY WEBSITE.

Defendants (1)

• SPREETAIL, LLCNamed in settlement

Facilities (1)

• SPREETAIL, LLC

  2021 TRANSFORMATION DRIVE, LINCOLN, NE, 68508

  Registry ID: 110070836278

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• SPREETAIL, LLCentered 2021-01-21

  Primary law: FIFRA

Timeline (2 milestones)

• 2021-01-21Final Order Issued
• 2021-01-28Enforcement Action Data Entered