EPA v. ACTIVE PURE TECHNOLOGIES LLC DBA AERUS LLC

Case summary

AUGUST 30, 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 EPA Establishment number for where production last occurred was not on the product label preceded by the phrase EPA Est. The term EPA Registration Number? or EPA Reg. No are restricted to registered pesticides, pursuant to 40 CFR 156.10(e). Additionally, the product label or labeling appeared false or misleading claims or statements. These included: Claims of heightened efficacy; Reference by statement or graphics to a federal agency in a manner that may directly or indirectly imply an endorsement; Non-quantitative or comparative safety claims; Statements that state, imply or suggest that the product can or will prevent or control disease or offer health protection. ? 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)

• ACTIVE PURE TECHNOLOGIES LLC DBA AERUS LLCNamed in settlement

Facilities (1)

• ACTIVE PURE TECHNOLOGIES LLC DBA AERUS LLC

  14841 DALLAS PARKWAY, SUITE 500, DALLAS, TX, 75254

  Registry ID: 110071063822

Statutes cited

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

Enforcement conclusions (1)

• ACTIVE PURE TECHNOLOGIES LLC DBA AERUS LLCentered 2021-08-30

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-08-30Final Order Issued
• 2021-08-30Enforcement Action Closed
• 2021-09-13Enforcement Action Data Entered