EPA v. Miele USA Headquarters (0034)

Case summary

The Miele AirClean 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(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 that arrived at the border for import is 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 FIFRA. As required by 19 C.F.R. ?12.113 a Notice of Arrival of Pesticides and Devices, EPA form 3540-1, and a copy of one product label must be submitted.

Defendants (1)

• Miele USA Headquarters (0034)Named in complaintNamed in settlement

Facilities (1)

• MIELE USA HEADQUARTERS

  9 INDEPENDENCE WAY, MONMOUTH JUNCTION, NJ, 08540

  Registry ID: 110070666172

Statutes cited

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

Enforcement conclusions (1)

• Miele USA Headquarters (0034)entered 2024-05-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-05-03Final Order Issued
• 2024-05-06Enforcement Action Closed
• 2024-06-05Enforcement Action Data Entered