EPA v. NETZERO USA HOLDINGS, INC

Case summary

1/13/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 37,440.00 PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON OR AROUND AUGUST 7, 2023, AUTHORIZED REPRESENTATIVES OF THE EPA CONDUCTED AN INSPECTION AT THE FACILITY. DURING THE INSPECTION, THE INSPECTORS OBSERVED TWO PRODUCTS THAT WERE BEING HELD FOR SALE AT THE FACILITY. THEY TOOK PHOTOGRAPHS OF THE LABELS, PACKAGING, AND MANUALS FOR EACH PRODUCT AND OBTAINED SHIPPING RECORDS THAT INDICATED THAT RESPONDENT HAD SOLD AND DISTRIBUTED EACH OF THESE PRODUCTS ONE OR MORE TIMES DURING THE PERIOD BETWEEN SEPTEMBER 16, 2021, AND NOVEMBER 28, 2022. A REVIEW OF THE PHOTOGRAPHS TAKEN DURING THE INSPECTION REVEALED PRODUCT LABELING AND A MANUAL WITH PESTICIDAL CLAIMS, OUTER PACKAGING CONTAINING AN EPA REG NUMBER THAT DOES NOT CORRESPOND TO ANY PESTICIDE REGISTERED WITH THE EPA, AND THE STICKER AFFIXED AS A LABEL ON THE PRODUCT AND OUTER PACKAGING DID NOT INCLUDE AN EPA ESTABLISHMENT NUMBER FOR WHERE THE PRODUCT WAS PRODUCED. IN A LETTER DATED JULY 21, 2024, A REPRESENTATIVE FOR RESPONDENT PROVIDED A COPY OF A LABEL SAID TO CUSTOMARILY BE AFFIXED ON PACKAGING WHEN PRODUCT IS SOLD OR DISTRIUTED. A REVIEW OF THE LABEL REVEALED IT PROPERLY LISTED AN EPA ESTABLISHMENT NUMBER FOR THE ESTABLISHMENT WHERE THE PRODUCT WAS PRODUCED AND IT LISTED AN EPA REG NO THAT DID NOT CORRESPOND TO ANY PESTICIDE REGESTERED WITH THE EPA. THE EPA ALLEGES RESPONDENT VIOLATED SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F), BY SELLING AND DISTRIBUTING MISBRANDED DEVICES ON ONE OR MORE OCCASIONS BETWEEN SEPTEMBER 2021 AND NOVEMBER 2022.

Defendants (1)

• NETZERO USA HOLDINGS, INCNamed in complaintNamed 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 2025-01-13

  Primary law: FIFRA

  Federal penalty: $37,440

Timeline (3 milestones)

• 2025-01-13Complaint Filed/Proposed Order
• 2025-01-13Final Order Issued
• 2025-01-14Enforcement Action Data Entered