EPA v. EVERGREEN UV LLC DBA LUMALIER

Case summary

6/12/2025 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ALLEGED VIOLATIONS: ON OCTOBER 3, 2023, AN AUTHORIZED REPRESENTATIVE OF THE EPA PERFORMED AN INSPECTION AT THE FACILITY TO COLLECT INFORMATION RELATED TO RESPONDENT?S COMPLIANCE WITH FIFRA (THE 2023 INSPECTION). DURING THE 2023 INSPECTION, THE INSPECTOR OBSERVED AND PHOTOGRAPHED SEVERAL ULTRAVIOLET (UV) MACHINES THAT WERE PRODUCED AT THE FACILITY, UNPACKAGED MACHINES, AND PACKAGED MACHINES READY FOR SHIPMENT. A REPRESENTATIVE FOR THE RESPONDENT PROVIDED RESPONDENT?S WEBSITE WHERE DOCUMENTATION IS PROVIDED FOR THE PRODUCTS. WHILE AT THE FACILITY, THE INSPECTOR DOWNLOADED DOCUMENTS FROM THE WEBSITE. BOTH THE INSPECTOR AND A REPRESENTATIVE FROM EVERGREEN INITIALED EACH OF THE 2023 DOCUMENTS WHICH MADE CERTAIN PESTICIDAL CLAIMS FOR THE PRODUCTS. ALSO OBSERVED WERE SEVERAL MACHINES READY FOR SHIPMENT WITHOUT NECESSARY WARNINGS ON LABELS AND ONE PRODUCT WITHOUT THE LABEL NOR ESTABLISHMENT NUMBER OF THE FACILITY COULD BE SEEN. ON APRIL 12, 2024, AN INSPECTOR FOR THE EPA VISITED THE WEBSITE AND REVIEWED DOCUMENTATION (THE 2024 DOCUMENTS) FOR EACH OF THE TWELVE (12) DEVICE SERIES THAT REVEALED THAT CERTAIN PESTICIDAL CLAIMS. ON AUGUST 21 AND 23, 2024, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED A SECOND INSPECTION AT THE FACILITY (THE 2024 INSPECTION) DURING WHICH PHOTOGRAPHS WERE TAKEN OF MACHINES. THE INSPECTOR WAS PROVIDED RECORDS SUMMARIZING SALES OF PRODUCTS FROM 2021 THROUGH 2024 AND WRITTEN STATEMENT STATING THE PRODUCTS HAD NOT BEEN TESTED FOR EFFICACY AND NO STUDIES DONE. THE INSPECTOR NOTED AGAIN SEVERAL MACHINES READY FOR SHIPMENT WITHOUT PROPER WARNING, CAUTION STATEMENTS, OR DIRECTIONS FOR USE. EVERGREEN HAS THEREFORE DISTRIBUTED OR SOLD MISBRANDED TARGET UV SERIES DEVICES IN VIOLATION OF FIFRA SECTION 12(A)(1)(F), 7 U.S.C. ? 136J(A)(1)(F). RESPONDENT IS HEREBY ORDERED TO STOP ANY FURTHER DISTRIBUTION, SALE, OFFER FOR SALE, USE, OR REMOVAL OF ALL QUANTITIES OF THE MISBRANDED DEVICES IDENTIFIED IN THIS SSURO. RESPONDENT IS ORDERED TO COMPLY WITH ALL REQUIREMENTS OF THIS SSURO AND WITHIN TEN (10) DAYS, RESPONDENT SHALL SUBMIT TO THE EPA A WRITTEN PROPOSAL DESCRIBING HOW IT PLANS TO COMPLY WITH THE REQUIREMENTS OF THIS SSURO.

Defendants (1)

• EVERGREEN UV LLC DBA LUMALIERNamed in settlement

Facilities (1)

• EVERGREEN UV LLC

  1931 THOMAS ROAD, MEMPHIS, TN, 38134

  Registry ID: 110070836554

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• EVERGREEN UV LLC DBA LUMALIERentered 2025-06-12

  Primary law: FIFRA

Timeline (2 milestones)

• 2025-06-12Final Order Issued
• 2025-06-24Enforcement Action Data Entered