EPA v. FLOWATER INC (09)

Case summary

The Water Purifier-Pro 400, Commercial High Flow Units 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(s) 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(s) 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 correctly file reports required by the Act. As required by 19 C.F.R. ? 12.114, a Notice of Arrival of Pesticides and Devices (NOA), EPA form 3540-1, and a copy of one product label must be submitted.

Defendants (1)

• FLOWATER INCNamed in complaintNamed in settlement

Facilities (1)

• FLOWATER INC

  4045 PECOS STREET, DENVER, CO, 80211-2555

  Registry ID: 110071537757

Statutes cited

• FIFRA 12A2N — Failure to File Reports

Enforcement conclusions (1)

• FLOWATER INC (09)entered 2024-01-02

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-01-02Final Order Issued
• 2024-01-10Enforcement Action Closed
• 2024-01-12Enforcement Action Data Entered