EPA v. ACUVA TECHNOLOGIES, INC.

Case summary

SEPTEMBER 26, 2023 - NOTICE OF REFUSAL OF ADMISSION FIFRA ? 12(a)(1)(F): To sell or distribute a pesticide device that is misbranded. Specifically, the device does not appear to be labeled in accordance with FIFRA ? 2(q)(1). The product label appears to include claims that are false or misleading in relation to the efficacy of the product. Please note that the terms sanitize, disinfect and sterilize have separate meanings under FIFRA regarding a products effectiveness as a pesticide or device. ? 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 CBP authorized electronic data interchange system.

Defendants (1)

• ACUVA TECHNOLOGIES, INC.Named in settlement

Facilities (1)

• ACUVA TECHNOLOGIES, INC

  UNIT #1-3771 NORTH FRASER WAY, BURNABY, CA, V5J 5G5

  Registry ID: 110071399118

Statutes cited

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

Enforcement conclusions (1)

• ACUVA TECHNOLOGIES, INC.entered 2023-09-26

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-09-26Enforcement Action Closed
• 2023-09-26Final Order Issued
• 2023-10-01Enforcement Action Data Entered