EPA v. CASE-MATE INC (COVID-19)

Case summary

DECEMBER 7, 2020 - NOTICE OF REFUSAL OF ADMISSION 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 pesticide device appears to be intended for sanitizing, however the product label appears to be making false and misleading claims such as ?kills 99.9% of bacteria? and ?kills microorganisms? but does not list the types of bacteria and microorganisms. The product label makes additional misleading claims such as ?stay safe and healthy? and ?no liquid, heat or chemical required?. Lastly, claims on the website, which is listed on the Owner?s Manual, implies the product can be used for ?sterilization?. FIFRA 12(a)(2)(N) Failure to file reports required by the Act. The importer or the importer's agent did not file or did not complete: o 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; o 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.

Defendants (1)

• CASE-MATE INCNamed in settlement

Facilities (1)

• CASE-MATE INC

  7000 CENTRAL PARKWAY SUITE 1050, ATLANTA, GA, 30328

  Registry ID: 110070881984

Statutes cited

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

Enforcement conclusions (1)

• CASE-MATE INCentered 2020-12-07

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-12-07Enforcement Action Closed
• 2020-12-07Final Order Issued
• 2021-01-06Enforcement Action Data Entered