EPA v. FRESHLIGHT, LLC

Case summary

4/16/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 11,300. PENALTY DUE WITHIN 30 DAYS WITHIN THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F), BY DISTRIBUTING OR SELLING MISBRANDED PESTICIDES DEVICES: - UPON REVIEW OF PRODUCT LABELS SUBMITTED BY LICENSED CUSTOMS BROKER FOR FRESHLIGHT ON OR ABOUT MAY 21, 2020, FOR SHIPMENT AT PORT OF JACKSONVILLE, FL, ON OR AROUND MAY 5, 2020, THE EPA IDENTIFIED THE LABELS BORE PESTICIDAL CLAIMS, THE ?DEVICES? WERE SUBJECT TO REQUIREMENTS OF FIFRA, AND THE IMPORTATION OF THESE DEVICES CONSTITUTE ?DISTRIBUTION OR SALE? OF PRODUCTS DEFINED IN SECTION 2 (GG) OF FIFRA, 7 U.S.C. ? 136(GG), AND 40 C.F.R. ? 152.3. THE DEVICES ARE CONSIDERED TO BE MISBRANDED WHEREAS THE SAFETY OF THE DEVICES ARE CONSIDERED TO BE FALSE OR MISLEADING; THE LABELS INCLUDE FALSE OR MISLEADING STATEMENTS REGARDING THE EFFECTIVENESS OF THE PRODUCTS AS DEVICES; THE LABELS SHOWED THAT THE DEVICES WERE NOT LABELED WITH THE PRODUCING ESTABLISHMENT NUMBER. - UPON REVIEW OF ADDITIONAL PRODUCT LABELS SUBMITTED FOR FRESHLIGHT ON OR ABOUT JANUARY 20, 2021, FOR SHIPMENT ARRIVAL ON OR ABOUT JANUARY 5, 2021, LABELS DID NOT CONTAIN NEITHER PRECAUTIONARY LANGUAGE NOR DIRECTIONS FOR USE, AND THEREFORE CONSIDERED MISBRANDED. - UPON REVIEW OF RESPONDENT?S WEBSITE ON OR AROUND JULY 10, 2023, EPA FOUND WEBSITE LABELLING AND PRODUCTS THAT CONSTITUTE ?DISTRIBUTION OR SALE? WITH PESTICIDAL CLAIMS THAT ARE CONSIDERED MISBRANDED DUE TO FALSE OR MISLEADING LABELING AND SUBJECT TO FIFRA REQUIREMENTS.

Defendants (1)

• FRESHLIGHT, LLCNamed in complaintNamed in settlement

Facilities (1)

• FRESHLIGHT, LLC

  1015 ATLANTIC BOULEVARD, #160, ATLANTIC BEACH, FL, 32233

  Registry ID: 110071705917

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• FRESHLIGHT, LLCentered 2024-04-16

  Primary law: FIFRA

  Federal penalty: $11,300

Timeline (4 milestones)

• 2024-04-16Complaint Filed/Proposed Order
• 2024-04-16Final Order Issued
• 2024-04-23Enforcement Action Data Entered
• 2024-05-01Enforcement Action Closed