EPA v. KAZ USA, INC.

Case summary

CONSENT AGREEMENT FINAL ORDER: 08/25/2026 This is an administrative penalty assessment proceeding brought under Section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA or the Act), as amended, 7 U.S.C. 136l(a), and Sections 22.13(b) and 22.18 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits, as codified at Title 40 of the Code of Federal Regulations (C.F.R.) Part 22. Respondent is Kaz USA, Inc. (Kaz). Kaz is a corporation incorporated in the State of Massachusetts. On or around August 21, 2020, the licensed customs broker Expeditors International of Washington, Inc. (Expeditors International) submitted entry documents via the CBP ACE Data Processing System on behalf of Kaz for the importation of one shipment of product described as humidifiers, evaporative. The shipment arrived at the Port of Memphis, Tennessee on or about August 29, 2020. On or around August 22, 2020, the EPA conducted a review of the labels and labeling for the humidifier products referenced above, which included Honeywell models HCM350BV1 and HCM350V1 and Vick's models V3900V1 and V3900V2. On the product packaging for models HCM350BV1 and HCM350V1, the EPA observed the statement antimicrobial treated in reference to the wicking filter, without any further language qualifying what the product was treated with or for what purpose. Upon review of the owner's manuals, which are labeling, for models HCM350BV1, HCM350V1, V3900V1, and V3900V2, the EPA observed the statement your filter has been made with Protec antimicrobial. Based on a review of the entries Expeditors International filed in the CBP ACE Data Processing System on behalf of Kaz between July 1, 2020, and June 29, 2021, and shipment data submitted to the EPA by Kaz, the importer or the importer's agent failed to submit Notices of Arrival (NOA) on several occasions prior to the arrival of the devices HPA200V2, HRFG1V1, HPA020BV1, and HPA600B in the United States, or file an electronic alternative with the filing of the entries, in accordance with Section 12(a)(2)(N) of FIFRA, 7 U.S.C. 136j(a)(2)(N), and 19 C.F.R. 12.112(a). Respondent asserts that after the EPA's initiation of this action, Respondent conducted a comprehensive review of its product labeling, ceased forward distribution and sale of all potentially affected products, and voluntarily provided an expanded list of such products to the EPA. Respondent asserts that it promptly thereafter relabeled, repackaged, and/or removed from commerce the affected products to address the EPA's labeling concerns. The EPA alleges that Respondent violated Section 12(a)(1)(A) of FIFRA, 7 U.S.C. 136j(a)(1)(A), by distributing or selling, including importing, the unregistered pesticides HCM350V1, HCM350BV1, V3900V1, and V3900V2, on multiple occasions between July 1, 2020, and June 29, 2021, as outlined in Section IV of this CAFO. The EPA alleges that Respondent violated Section 12(a)(1)(F) of FIFRA, 7 U.S.C. 136j(a)(1)(F), by distributing or selling, including importing, the misbranded Vick's device VWM845V1 and the Honeywell devices listed in Attachment A, on multiple occasions between July 1, 2020, and June 29, 2021, as outlined in Section IV of this CAFO. The EPA alleges that Respondent violated Section 12(a)(2)(N) of FIFRA, 7 U.S.C. 136j(a)(2)(N), by failing to file a NOA or its electronic equivalent on multiple occasions between July 1, 2020, and June 29, 2021, as outlined in Section IV of this CAFO. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of FOUR MILLION, THREE HUNDRED AND FIFTY-FOUR THOUSAND, EIGHTY-ONE DOLLARS ($4,354,081.00), which is to be paid within thirty (30) days of the Effective Date of this CAFO.

Defendants (1)

• KAZ USA, INC.Named in complaintNamed in settlement

Facilities (1)

• HELEN OF TROY LIMITED DBA KAZ USA, INC (IMPORTER) - PORT OF MEMPHIS

  2813 BUSINESS PARK DRIVE, MEMPHIS, TN, 38118

  Registry ID: 110071091568

Statutes cited

• FIFRA 12A1F — Device Misbranded
• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• KAZ USA, INC.entered 2026-08-25

  Primary law: FIFRA

  Federal penalty: $4,354,081

Timeline (3 milestones)

• 2026-08-25Complaint Filed/Proposed Order
• 2026-08-25Final Order Issued
• 2026-09-15Enforcement Action Data Entered