EPA v. HELEN OF TROY LIMITED DBA KAZ USA, INC. (COVID-19)

Case summary

8/25/2021 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ALLEGED VIOLATIONS: UPON REVIEW OF THE LABELING OF HUMIDIFIERS FILED IN U.S. CUSTOMS AND BORDER PROTECTION?S (CBP) AUTOMATED COMMERCIAL ENVIRONMENT (ACE) DATA PROCESSING SYSTEM ON AUGUST 21, 2020 BY EXPEDITORS INTERNATIONAL OF WASHINGTON, INC. (HEREINAFTER EXPEDITORS), THE LICENSED CUSTOMS BROKER FOR KAZ, THE EPA OBSERVED STATEMENTS REFERRING TO THE TREATMENT OF THE PRODUCTS? FILTER WITH AN ANTIMICROBIAL PESTICIDE. BASED ON THE INFORMATION PROVIDED BY KAZ AS OF THE DATE OF THIS SSURO, THE EPA BELIEVES THAT, KAZ HAS NOT SUFFICIENTLY DEMONSTRATED THAT THE FILTERS USED IN THE HUMIDIFERS WERE TREATED WITH A REGISTERED PESTICIDE AS CLAIMED BY KAZ. AS SUCH AND AT THIS TIME, THE EPA BELIEVES THE FILTERS AND PRODUCTS CONTAINING THE FILTERS ARE PESTICIDES REQUIRING REGISTRATION UNDER SECTION 3 OF FIFRA, 7 U.S.C. ? 136A AS THEY HAVE NOT MET REQUIREMENTS OF THE TREATED ARTICLE EXEMPTION PURSUANT TO SECTION 25(B)(2) OF FIFRA, 7 U.S.C. ? 136W(B)(2) AND 40 C.F.R. ? 152.25(A). THE EPA DETERMINED THAT THE HUMIDIFIERS AND FILTERS ARE UNREGISTERED PESTICIDES AND FURTHER SALE OR DISTRIBUTION OF THESE PESTICIDES IN THE UNITED STATES, EXCEPT IN COMPLIANCE WITH THIS SSURO AND THE REQUIREMENTS OF FIFRA, WOULD VIOLATE FIFRA.

Defendants (1)

• KAZ USA, INCNamed in settlement

Facilities (1)

• PORT OF MEMPHIS (IMPORTER: HELEN OF TROY LIMITED DBA KAZ USA, INC)

  2813 BUSINESS PARK DRIVE, MEMPHIS, TN, 38118

  Registry ID: 110071091568

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• KAZ USA, INC (HELEN OF TROY LIMITED DBA KAZ USA, INC.) (COVID-19)entered 2021-08-25

  Primary law: FIFRA

Timeline (2 milestones)

• 2021-08-25Final Order Issued
• 2021-09-20Enforcement Action Data Entered