EPA v. Smart Hospitality Violetizer Elite 9/21/2020 Entry Number 399-10362613 (COVID-19)

Case summary

The importer, Smart Hospitality, attempted to import a shipment of pesticide devices into the United States. All pesticide devices are required to be labeled in accordance with 40 CFR 156 before their entry into the United States (see Section 17 of FIFRA, 7 U.S.C. section 136o(c)). The distribution of a misbranded pesticide device is an unlawful act under FIFRA Section 12(a)(1)(F), 7 U.S.C. section 136j(a)(1)(F). The Violetizer Elite pesticide devices imported by Smart Hospitality w ere misbranded as defined by FIFRA Section 2(q)(1)(D), because the pesticide device labels, provided by the broker, failed to list the EPA establishment registration number of the facility where the product was last produced as is required by 40 C.F.R. 156.10(f),and online advertising, found at www.violetproducts.com, contained the false and misleading claims ?sterilizes? and ?sterilization?. Sterilization claims imply all-encompassing protection against bacteria, fungi or algae with at least a 99.9999% kill/inactivation rate and are not acceptable. Pesticide devices cannot be labeled as sterilants or imply that they sterilize. For these reasons these products cannot be allowed entry into the United States and should be denied pursuant to Section 17(c) of FIFRA 7 U.S.C. section 136o(c).

Defendants (1)

• Smart HospitalityNamed in complaintNamed in settlement

Facilities (1)

• SMART HOSPITALITY

  1568 N WOODROW AVE, FRESNO, CA, 93703

  Registry ID: 110070864583

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Smart Hospitality Violetizer Elite 9/21/2020 Entry Number 399-10362613 (COVID-19)entered 2020-09-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-09-21Enforcement Action Closed
• 2020-09-21Final Order Issued
• 2020-10-02Enforcement Action Data Entered