EPA v. MEDIFY AIR, LLC

Case summary

8/22/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 176,000. PENALTY DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON OR AROUND JANUARY 4, 2022, AND JANUARY 21, 2022, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED INSPECTIONS AT MEDIFY?S FACILITY LOCATED AT 1325 SW 30TH AVENUE, DEERFIELD BEACH, FLORIDA 33442 (FACILITY). DURING THE INSPECTIONS, INSPECTORS OBSERVED AIR PURIFIER DEVICES AND COLLECTED DOCUMENTS AND LABELS THAT INCLUDED PESTICIDAL CLAIMS. THE INSPECTIONS REVEALED THAT MEDIFY IMPORTED DEVICES ON MULTIPLE OCCASIONS BETWEEN APRIL AND DECEMBER OF 2021 INTO THE PORT OF MIAMI, FLORIDA WITHOUT SUBMITTING AN NOA PRIOR TO THE ARRIVAL OF EACH SHIPMENT OF DEVICES OR FILING AN ELECTRONIC ALTERNATIVE TO THE NOA WITH ENTRY DOCUMENTATION AS REQUIRED BY 19 C.F.R. ? 12.112. BETWEEN FEBRUARY 4, 2022, AND FEBRUARY 15, 2023, MEDIFY FILED ADDITIONAL ENTRIES FOR THE IMPORTATION OF TWENTY-SIX (26) SHIPMENTS OF DEVICES INTO THE PORT OF MIAMI, FLORIDA, AND FILED AN ELECTRONIC ALTERNATIVE TO THE NOA WITH THE FILING OF ENTRY DOCUMENTATION FOR EACH OF THESE ENTRIES. ON OR AROUND JULY 26, 2023, THE EPA LEARNED IN A MEETING THAT AIR PURIFIER DEVICES WERE IMPORTED BY RESPONDENT WERE BEING HELD A DISTRIBUTION WAREHOUSES AND THIRD-PARTY DISTRIBUTOR LOCATIONS. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F), BY SELLING AND DISTRIBUTING MISBRANDED DEVICES. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(2)(N) OF FIFRA, 7 U.S.C. ? 136J(A)(2)(N), BY IMPORTING DEVICES IN 2021 WITHOUT SUBMITTING NOAS, OR IN THE ALTERNATIVE, FILING AN ELECTRONIC ALTERNATIVE TO THE NOA WITH THE FILING OF ENTRY DOCUMENTATION.

Defendants (1)

• MEDIFY AIR, LLCNamed in complaintNamed in settlement

Facilities (1)

• MEDIFY AIR, LLC

  150 E PALMETTO PARK ROAD, BOCA RATON, FL, 33432

  Registry ID: 110071356573

Statutes cited

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

Enforcement conclusions (1)

• MEDIFY AIR, LLCentered 2024-08-22

  Primary law: FIFRA

  Federal penalty: $176,000

Timeline (4 milestones)

• 2024-08-22Complaint Filed/Proposed Order
• 2024-08-22Final Order Issued
• 2024-08-28Enforcement Action Closed
• 2024-08-29Enforcement Action Data Entered