EPA v. ATLANTIUM TECHNOLOGIES LLC

Case summary

JUNE 28, 2022 - NOTICE OF REFUSAL OF ADMISSION FIFRA 12(a)(1)(F): To sell or distribute a pesticide device that is misbranded. Pursuant to FIFRA 2(q)(1)(A) and 40 C.F.R. s 156.10(a)(5), a device may be considered misbranded if its labeling bears any statement, design or graphic representation relative thereto that is false or misleading in any particular. Based on a review of the product's label and labeling, which included the manual and website, the product appears to include claims that are false or misleading in relation to the efficacy and safety of the product. 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 for one of the devices in the shipment: 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 CBP authorized electronic data interchange system.

Defendants (1)

• ATLANTIUM TECHNOLOGIES, LLCNamed in settlement

Facilities (1)

• MOLSON COORS BEVERAGE COMPANY

  3989 W HIGHLAND BOULEVARD, MILWAUKEE, WI, 53201-0482

  Registry ID: 110071293363

Statutes cited

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

Enforcement conclusions (1)

• ATLANTIUM TECHNOLOGIES LLCentered 2022-06-28

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-06-28Final Order Issued
• 2022-06-28Enforcement Action Closed
• 2022-07-01Enforcement Action Data Entered