EPA v. Xylem Water Solutions USA Inc.

Case summary

FIFRA NORA: 2/25/2025 NOTICE OF RECOMMENDATION TO REFUSE ADMISSION Consignee: Xylem Water Solutions USA Inc. Entry Number: BII-05745898 Product(s): Xylem UV Lamp 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 BII-05745898 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. The following information pertains to this shipment: Entry Number: BII-05745898 Product Name(s): Xylem UV Lamp Shipper/Manufacturer: Xylem Europe GMBH (EPA Est. No. 88130-DEU-002) Consignee: Xylem Water Solutions USA Inc. Date of Importation: February 4, 2025 Port of Entry: Port of Louisville, Kentucky (Port 4196) It appears that the product is not in compliance with the Act and is subject to refusal of entry into the United States due to the following violation(s): FIFRA ? 12(a)(1)(F): To sell or distribute a pesticide device that is misbranded. Specifically, the device is not labeled in accordance with FIFRA ? 2(q)(1) in that it makes false and misleading claims as to the efficacy of the device.

Defendants (1)

• Xylem Water Solutions USA Inc.Named in settlement

Facilities (1)

• XYLEM WATER SOLUTIONS USA, INC.

  14125 SOUTH BRIDGE CIRCLE, CHARLOTTE, NC, 28273

  Registry ID: 110062640227

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Xylem Water Solutions USA Inc.entered 2025-02-25

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-02-25Final Order Issued
• 2025-02-25Enforcement Action Closed
• 2025-03-04Enforcement Action Data Entered