EPA v. NETZERO USA HOLDINGS, INC

Case summary

6/26/2024 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ALLEGED VIOLATIONS: ON OR AROUND AUGUST 7, 2023, EPA REPRESENTATIVES CONDUCTED AN INSPECTION AT THE FACILITY TO DETERMINE RESPONDENT?S COMPLIANCE WITH FIFRA. DURING THE INSPECTION, RESPONDENT WAS FOUND TO BE SELLING ULTRAVIOLET (UV) LIGHT PRODUCTS. BASED ON THE PESTICIDAL CLAIMS MADE FOR THE URGUV AND THE HANDHELD AS IDENTIFIED ABOVE, BOTH PRODUCTS ARE INSTRUMENTS OR CONTRIVANCES INTENDED TO MITIGATE OR DESTROY PESTS AND ARE THEREFORE DEVICES PURSUANT TO SECTION 2(H) OF FIFRA, 7 U.S.C. ? 136(H), AND 40 C.F.R. ? 152.500(A). A REVIEW OF THE PHOTOGRAPHS TAKEN OF THE PACKAGING AND MANUALS DURING THE INSPECTION REVEALED THE PRODUCT WAS BEING SOL D WITH PESTICIDAL CLAIMS AND THE PACKAGING APPEARED TO HAVE AN INVALID EPA PESTICIDE REGISTRATION NUMBER. ADDITIONAL ANOTHER PRODUCT HAD NEITHER THE PRODUCT PACKAGING NOR ATTACHED LABEL WITH AN EPA ESTABLISHMENT NUMBER. BASED ON THE PESTICIDAL CLAIMS MADE FOR BOTH PRODUCTS ARE INSTRUMENTS OR CONTRIVANCES INTENDED TO MITIGATE OR DESTROY PESTS AND ARE THEREFORE DEVICES PURSUANT TO SECTION 2(H) OF FIFRA, 7 U.S.C. ? 136(H), AND 40 C.F.R. ? 152.500(A). BASED ON THE CLAIMS NOTED EACH OF THESE DEVICES IS MISBRANDED PURSUANT TO 40 C.F.R. ? 156.10(A)(5). BY OFFERING FOR SALE AND SELLING THE URGUV AND HANDHELD DEVICES, RESPONDENT ?DISTRIBUTED OR SOLD? MISBRANDED DEVICES IN VIOLATION OF SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F).

Defendants (1)

• NETZERO USA HOLDINGS, INCNamed in settlement

Facilities (1)

• NETZERO USA HOLDINGS, INC

  7565 INDUSTRIAL COURT, ALPHARETTA, GA, 30004

  Registry ID: 110070835784

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• NETZERO USA HOLDINGS, INCentered 2024-06-26

  Primary law: FIFRA

Timeline (2 milestones)

• 2024-06-26Final Order Issued
• 2024-07-01Enforcement Action Data Entered