EPA v. Nexom

Case summary

The SAGR device is misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1), because there is no EPA establishment number, no directions for use, and no caution or warning statements on the label or labeling. Importing these products in the shipment referenced above is a violation of FIFRA section 12(a)(1)(F), 7 U.S.C. ? 136j(a)(1)(F), as a distribution or sale of a misbranded device. The shipment that arrived at the border for import is also in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. ? 136j(a)(2)(N), because a registrant, wholesaler, dealer, retailer, or other distributor failed to file reports required by the Act. As required by 19 C.F.R. ? 12.112, a Notice of Arrival of Pesticides and Devices, EPA form 3540-1, and a copy of one product label must be submitted.

Defendants (1)

• NexomNamed in complaintNamed in settlement

Facilities (1)

• NEXOM

  323 NORTH SPOKANE STREET, UNIT 200, POST FALLS, ID, 83854

  Registry ID: 110071176296

Statutes cited

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

Enforcement conclusions (1)

• Nexomentered 2021-12-08

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-12-08Final Order Issued
• 2021-12-08Enforcement Action Closed
• 2021-12-17Enforcement Action Data Entered