EPA v. Ocean Sales Ltd. (002)

Case summary

The HEPA Filters are devices under FIFRA section 2(h), 7 U.S.C. ? 136(h), and 40 C.F.R ? 152.500(a) because it falls within the definition of ?any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest, [which includes virus, bacteria, or other micro-organism,] or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom.? The HEPA Filters are 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 their labels. Therefore, these products are misbranded pursuant to 7 U.S.C. ? 136(q)(1). Importing the 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.

Defendants (1)

• Ocean Sales Ltd.Named in complaintNamed in settlement

Facilities (1)

• OCEAN SALES LTD

  700 SLEATER KINNEY ROAD, SE SUITE B241, LACEY, WA, 98503

  Registry ID: 110071537738

Statutes cited

• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• Ocean Sales Ltd. (002)entered 2023-10-10

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-10-10Final Order Issued
• 2023-10-20Enforcement Action Closed
• 2023-11-30Enforcement Action Data Entered