EPA v. HVAC PERFORMANCE PRODUCTS, INC

Case summary

JANUARY 12, 2021 - NOTICE OF WARNING ISSUED After further review of the copies of the labels provided for the UV lamps in the entries outlined above, the EPA determined that the lamps were misbranded due to one or more of the following: 1) The absence of a precautionary statement; 2) The absence of a directions for use statement; 3) The absence or incorrect EPA Est. No. Pursuant to 40 C.F.R. 156.10(a) and Section 2(q)(1)(A) of FIFRA, a pesticide or a device declared subject to FIFRA pursuant to 40 C.F.R.152.500, is misbranded if its labeling does not include a precautionary statement and directions for use statement. Pursuant to Section 12(a)(1)(F) of FIFRA, 7 U.S.C.136j(a)(1)(F), it shall be unlawful for any person in any State to distribute or sell to any person any device which is misbranded. Further, one or more entries outlined above were not filed, prior to the import of this product. Pursuant to FIFRA 12(a)(2)(N), it is unlawful for failure to file reports required by the Act.

Defendants (1)

• HVAC PERFORMANCE PRODUCTS, INCNamed in settlement

Facilities (1)

• HVAC PERFORMANCE PRODUCTS, INC

  1270 LINCOLN AVE NUMBER 1400, PASADENA, CA, 91107

  Registry ID: 110070814889

Statutes cited

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

Enforcement conclusions (1)

• HVAC PERFORMANCE PRODUCTS, INCentered 2021-01-12

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-01-12Enforcement Action Closed
• 2021-01-12Final Order Issued
• 2021-01-14Enforcement Action Data Entered