EPA v. DRINKABLE AIR TECHNOLOGIES

Case summary

SEPTEMBER 16, 2021 - NOTICE OF REFUSAL OF ADMISSION FIFRA 12(a)(1)(F) To sell or distribute a pesticide device that is misbranded. The device is not labelled in accordance with FIFRA Section 2(q)(1). The product does not appear to have been labeled with the EPA Establishment Number of the EPA-registered establishment where it was last produced. The product label and labeling does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, are adequate to protect health and the environment. o The label does not contain precautionary language which may be necessary, and if complied with, is adequate to protect health and the environment. 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; 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)

• DRINKABLE AIR TECHNOLOGIESNamed in settlement

Facilities (1)

• DRINKABLE AIR TECHNOLOGIES

  2944 NW 27TH STREET, FORT LAUDERDALE, FL, 33311

  Registry ID: 110071080256

Statutes cited

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

Enforcement conclusions (1)

• DRINKABLE AIR TECHNOLOGIESentered 2021-09-16

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-09-16Final Order Issued
• 2021-09-16Enforcement Action Closed
• 2021-09-20Enforcement Action Data Entered