EPA v. DUPRAY USA LLC

Case summary

FIFRA NOTICE OF WARNING: 11/26/2024 Notice of Recommendation to Refuse Admission Consignee: Dupray USA LLC Entry Number: 551-18878161 Product(s): Steam Cleaners By this memorandum, the U.S. Environmental Protection Agency is notifying the U.S. Customs and Border Protection (CBP) that it is the opinion of the EPA that one or more of the pesticidal products in the shipment 551-18878161 described below, is in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, or the Act), as amended, 7 U.S.C. ? 136o(c), and should be refused entry into the United States pursuant to the authority of Section 17(c) of FIFRA as more fully detailed below. FIFRA ? 12(a)(1)(F) To sell or distribute a pesticide device that is misbranded. Specifically, the device does not appear to be labeled in accordance with FIFRA ? 2(q)(1). The product label appears to include claims that are false or misleading in relation to the efficacy of the product. Please note that the terms sanitize, disinfect and sterilize have separate meanings under FIFRA regarding a products effectiveness as a pesticide or device. Further, the product label appears to include claims that are false or misleading in relation to the safety of the pesticide of its ingredients (?chemical free?) and a comparison with other pesticides or devices (?better?).

Defendants (1)

• DUPRAY USA LLCNamed in settlement

Facilities (1)

• DUPRAY USA LLC

  40E S MAIN ST, NEWARK, DE, 19711

  Registry ID: 110071876156

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• DUPRAY USA LLCentered 2024-11-26

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-26Final Order Issued
• 2024-11-26Enforcement Action Closed
• 2024-12-05Enforcement Action Data Entered