EPA v. Lewis Bamboo, Inc.

Case summary

MAY 5, 2025 - FIFRA NOTICE OF WARNING (NOW) WITHDRAWN BY EPA Lewis Bamboo, Inc.: 10/11/2024 FIFRA Notice of Warning Case File No. FIFRA-04-2024-3514 The U.S. Environmental Protection Agency has obtained evidence indicating that Lewis Bamboo, Inc., (Lewis Bamboo) appears to be, or has been, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On or around March 18, 2024, an authorized representative of the EPA conducted an inspection at Lewis Bamboo (EPA Est. No. 94736-AL-1) located at 121 Creekview Road, Oakman, Alabama 35579. Lewis Bamboo manufactures, sells, and distributes the pesticide device Bamboo Shield, in various thicknesses (60, 80 and 100 millimeters), depths (24, 30 and 36 inches), and lengths (15-80 feet). The inspector took photographs of the label attached to the device, as well as the box that the product is shipped in. Upon review of the photographs taken during the inspection, the EPA discovered the label included what appeared to be an EPA registration number as it included the text ?EPA Reg. No. 94736-DV-3.? However, pesticide devices do not require registration and therefore are not assigned EPA registration numbers. Consequently, the inclusion of an apparent EPA registration number on the label of a device is a false or misleading statement pursuant to 40 C.F.R. ? 156.10(a)(5)(v), because it indirectly implies that the device is recommended or endorsed by the EPA, an agency of the Federal Government. Pursuant to Section 12(a)(1)(F) of FIFRA, 7 U.S.C. ? 136j(a)(1)(F), it is unlawful for any person to distribute or sell to any person any device that is misbranded. By selling, distributing and offering for sale the misbranded Bamboo Shield device on one or more occasions in March of 2024, Lewis Bamboo is in violation of Section 12(a)(1)(F) of FIFRA, 7 U.S.C. ? 136j(a)(1)(F). Pursuant to 40 C.F.R. ? 156.10(a)(5)(v), a device is misbranded if its labeling includes any statement directly or indirectly implying that the device is recommended or endorsed by any agency of the Federal Government.

Defendants (1)

• Lewis Bamboo, Inc.Named in complaintNamed in settlement

Facilities (1)

• LEWIS BAMBOO INC

  121 CREEKVIEW RD, OAKMAN, AL, 35579

  Registry ID: 110070543553

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Lewis Bamboo, Inc.

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-10-11Enforcement Action Closed
• 2024-10-11Complaint Filed/Proposed Order
• 2024-10-24Enforcement Action Data Entered