EPA v. INVICTA WATCH COMPANY OF AMERICA

Case summary

7/18/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 119,880. PENALTY DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: THE EPA WAS NOTIFIED ON SIX OCCASIONS IN 2021 AND 2022 BY THE U.S. CUSTOMS AND BORDER PROTECTION (CBP} THAT XPO CUSTOMS CLEARANCE SOLUTIONS, LLC, ACTING AS THE LICENSED CUSTOMS BROKER FOR LNVICTA WATCH, SUBMITTED ENTRY DOCUMENTATION FOR THE IMPORTATION OF SEVEN SHIPMENTS OF AIR PURIFIER DEVICES WITHOUT SUBMITTING NOTICES OF ARRIVAL (NOAS) TO THE EPA, OR FILING AN ELECTRONIC ALTERNATIVE WITH THE FILING OF THE ENTRY DOCUMENTATION IN THE CBP ACE DATA PROCESSING SYSTEM AS REQUIRED BY SECTION 17(C) FIFRA, 7 U.S.C. ? 136O(C), AND 19 C.F.R. ? 12.112. ADDITIONALLY, THE LABELS PROVIDED BY THE CBP TO THE EPA FOR THE AIR PURIFIER DEVICES INCLUDED FALSE OR MISLEADING PESTICIDAL CLAIMS. ON OR ABOUT APRIL 7, 2022, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. THE PRODUCT LABEL AND USER MANUAL COLLECTED INCLUDED THE SAME OR SIMILAR FALSE OR MISLEADING PESTICIDAL CLAIMS CONCERNING THE EFFECTIVENESS OF THE PRODUCT AS A DEVICE PURSUANT TO 40 C.F.R. ? 156.L0(A)(S)(II). ON APRIL 18, 2022, RESPONDENT SUBMITTED COPIES OF INVOICES TO THE INSPECTOR SHOWING THE SALE AND DISTRIBUTION OF THE AIR PURIFIERS ON MULTIPLE OCCASIONS BETWEEN MAY 21, 2021, AND DECEMBER 2, 2021. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(2)(N} OF FIFRA, 7 U.S.C. ? 136J(A)(2}(N), BY FAILING TO SUBMIT NOAS OR FILE AN ELECTRONIC ALTERNATIVE IN CONNECTION WITH THE SEVEN SHIPMENTS OF DEVICES IMPORTED BY RESPONDENT BETWEEN SEPTEMBER 2021 AND MARCH 2022 AS OUTLINED IN SECTION IV OF THIS CAFO. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(L)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(L}(F), BY DISTRIBUTING OR SELLING MISBRANDED PESTICIDE DEVICES ON MULTIPLE OCCASIONS BETWEEN MAY 21, 2021, AND DECEMBER 2, 2021, AS SET FORTH IN SECTION IV OF THIS CAFO.

Defendants (1)

• INVICTA WATCH COMPANY OF AMERICANamed in complaintNamed in settlement

Facilities (1)

• INVICTA WATCH COMPANY OF AMERICA

  3069 TAFT STREET, HOLLYWOOD, FL, 33021

  Registry ID: 110044877531

Statutes cited

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

Enforcement conclusions (1)

• INVICTA WATCH COMPANY OF AMERICAentered 2024-07-18

  Primary law: FIFRA

  Federal penalty: $119,880

Timeline (3 milestones)

• 2024-07-18Final Order Issued
• 2024-07-18Complaint Filed/Proposed Order
• 2024-07-22Enforcement Action Data Entered