EPA v. MOMENTUM SALES & MARKETING, INC

Case summary

JANUARY 20, 2021 - 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 product label makes pesticidal claims that could be considered false and misleading such as It uses a HEPA filter to effectively filter 99% of harmful contaminants, dust, pollen, pet dander, smoke, and other allergens.? However, the product is not labeled with the EPA Establishment number of the manufacturer. 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)

• MOMENTUM SALES & MARKETING, INCNamed in settlement

Facilities (1)

• MOMENTUM SALES & MARKETING, INC

  630 BROOKER CREEK BOULEVARD, SUITE 330, OLDSMAR, FL, 34677

  Registry ID: 110070890601

Statutes cited

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

Enforcement conclusions (1)

• MOMENTUM SALES & MARKETING, INCentered 2021-01-20

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-01-20Final Order Issued
• 2021-01-20Enforcement Action Closed
• 2021-01-21Enforcement Action Data Entered