EPA v. ANNIHILARE MEDICAL SYSTEMS, INC.

Case summary

June 29, 2026 - Consent Agreement On or around May 22, 2024, the Office of the Indiana State Chemist, an authorized representative of the EPA, performed an online marketplace inspection by reviewing products for sale on Annihilare's online marketplaces located at https://annihilyte.com and/or https://annihilare.com/. On or around May 29, 2024, the Office of the Indiana State Chemist received the order from Annihilare. Upon receiving the order, the Office of the Indiana State Chemist photographed the labeling of the outer shipping container. The order had been shipped via the carrier United Parcel Service (UPS) under the tracking number 1ZR097V00333775148. The shipping label on the package showed the name and return address as Annihilare Medical Systems 311 Motz Ave Lincolnton, NC 28092, indicating the order had been shipped from Annihilare's Facility. On or around May 5, 2025, the EPA reviewed the items, including the labels and labeling associated with the Annihilare Wipes System (w/Refill) product, as received by the Office of the Indiana State Chemist. n or around May 5, 2025, the EPA reviewed its records and databases for the submission of a new application for registration pursuant to Section 3 of FIFRA. The search did not return any application from Respondent. The EPA therefore determined that the pesticide product, Annihilare Wipes System (w/Refill), was a not a registered pesticide at the time of its distribution or sale Additionally, on or around June 3, 2025, the EPA performed its own review of Annihilare's online marketplaces located at https://annihilare.com/ and https://annihilyte.com/. During the review, the EPA captured screenshots of Respondent's prduct, Annihilyte, as it was advertised and offered for sale on Respondent's online marketplaces. The EPA noted that the online marketplaces included an add-to-cart feature for the product. During the review, the EPA noted that multiple claims or statements made on Respondent's online marketplaces about Annihilyte deviated from the claims and statements on the EPA-accepted labeling for Annihilyte (EPA Reg. No. 92449-1). On or around June 3, 2025, the EPA reviewed the statements filed in connection with the registration of Annihilyte (EPA Reg. No. 92449-1) and found that the claims or statements above were not part of the Respondent's statement previously submitted to and accepted by the Agency under Section 3(c)(l)(C) of FIFRA, 7 U.S.C. 136a(c)(l)(C). Based on the changes made to the labeling and advertising of the registered product, the EPA determined that Annihilyte, as sold on Respondent's online marketplaces, was a new pesticide product requiring registration under Section 3 of FIFRA, 7 U.S.C 136a. As a result of this determination, the EPA reviewed its records and databases for the submission of a new application for registration pursuant to Section 3 of FIFRA. The search did not return any application from Respondent. The EPA determined that the pesticide product, Annihilyte, as sold and advertised on Respondent's online marketplaces was not a registered pesticide at the time of its distribution or sale The EPA alleges that Respondent violated Section 12(a)(l)(A} of FIFRA, 7 U.S.C. 136j(a)(l)(A), by distributing or selling the unregistered pesticide, Annihilare Wipes System (w/Refill}. The EPA alleges that Respondent violated Section 12(a)(l)(A) of FIFRA, 7 U.S.C. 136j(a)(l)(A), by distributing or selling, including offering for sale, the unregistered pesticide, Annihilyte. Respondent consents to pay a civil penalty, which was calculated in accordance with the Act, in the amount of NINE THOUSAND, FIVE HUNDRED AND FORTY DOLLARS ($9,540.00).

Defendants (1)

• ANNIHILARE MEDICAL SYSTEMS, INC.Named in complaintNamed in settlement

Facilities (1)

• ANNIHILARE MEDICAL SYSTEMS, INC.

  311 MOTZ AVENUE, LINCOLNTON, NC, 28092

  Registry ID: 110072219430

Statutes cited

• FIFRA 12A1B — Claim Difference
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ANNIHILARE MEDICAL SYSTEMS, INC.entered 2026-06-29

  Primary law: FIFRA

  Federal penalty: $9,540

Timeline (3 milestones)

• 2026-06-29Final Order Issued
• 2026-06-29Complaint Filed/Proposed Order
• 2026-07-06Enforcement Action Data Entered