EPA v. Shenzhen Yuexin Import 9/29/2020 59S UVC LED Sterilizing Wand EKU-0429453-1 (COVID-19)

Case summary

On August 23, 2020, Amazon Services LLC., attempted to import the 59S UVC Multiuse Sterilizing Wand and the 59S UVC LED Sterilizing Boxinto the United States. CBP provided photographs of the boxes of both products. The following pesticidal claims were on the box of the 59S UVC Multiuse Sterilizing Wand: UVC Sterilization, Rapid Disinfection, and Eliminates 99.9% of Germs & Bacteria,Trusted by 1,000+ Hospitals,Kills up to 99.9% of bacteria and germs, UVC Lights used by hospitals to disinfect Operating rooms of drug-resistant bacteria. The box also bore the statement, Leading UVC Sterilization, adjacent to a ?Before and After,picture of the device sterilizing a keyboard. The label also bore pictures of the device being used on a keyboard, pillows, car seats, toilet seats, bathtubs, and pet supplies. The following pesticidal claims were on the box of the 59S UVC LED Sterilizing Box: UVC LED Sterilization, kills 99.9% of bacteria fast, 99.9% Sterilization rate, kills germs and bacteria, widely used in cupboard sanitizer and sterilizing devices in hospital. The label also bore the statement, Sterilization for any surface. Suitable for shaver, nail clippers, glasses, cosmetic tools and etc, located under pictures of the device being used on baby accessories, everyday item, and cosmetic tools. The claims Trusted by 1,000+ Hospitals, Eliminates 99.9% of Germs and Bacteria, Used by hospitals, UV destroy DNA of bacteria, kill all kinds of germs, UVC LED Sterilization, kills 99.9% of bacteria fast, 99.9% Sterilization rate, and widely used in cupboard sanitizer and sterilizing devices in hospital, accompanied by pictures suggesting both devices can sterilize multiple surfaces is considered false or misleading as described in Section 2(q)(1)(A) of FIFRA, 7 U.S.C. section 136(q)(1)(A) and 40 C.F.R. section 156.10(a)(5). The terms Rapid Disinfection and Leading UVC Sterilization, are misleading as described in Section 2(q)(1)(A) of FIFRA, 7 U.S.C. section 136(q)(1)(A) and 40 C.F.R. section 156.10(a)(5). The distribution of a misbranded device is an unlawful act under FIFRA Section 12(a)(1)(F), 7 U.S.C. section 136j(a)(1)(F). Pesticides and devices entering the United States cannot be misbranded. Therefore, this entry is denied pursuant to Section 17(c) of FIFRA 7 U.S.C. section 136o(c).Finally, the Notice of Arrival of Pesticides and Devices was not filed on EPA Form 3540-1 in accordance with 19 C.F.R. section 12.112. Failure to file a report required by the Act is a violation of FIFRA Section 12(a)(2)(N), 7 U.S.C. section 136j(a)(2)(N).

Defendants (1)

• Shenzhen Yuexin Import & ExportNamed in complaintNamed in settlement

Facilities (1)

• SHENZHEN YUEXIN IMPORT & EXPORT

  NO 1212-1214 XUEYUN BUILDING, WEN SHENZHEN, CHINA, WEN SHENZHEN, CA, 00000

  Registry ID: 110070864617

Statutes cited

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

Enforcement conclusions (1)

• Shenzhen Yuexin Import 9/29/2020 59S UVC LED Sterilizing Wand EKU-0429453-1 (COVID-19)entered 2020-09-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-09-29Enforcement Action Closed
• 2020-09-29Final Order Issued
• 2020-10-05Enforcement Action Data Entered