EPA v. Medline Industries Crane Tower SCS-13273092 (COVID-19)

Case summary

For the Tower Air Purifier (EE-5067),the website listed on the label (www.crane-usa.com) contained the pesticide claims, UV Germicidal Light deactivates DNA of viruses, bacteria, fungus, and other pathogens, Germicidal UV Light: Crane?s Tower Air Purifier comes with a Germicidal Ultra-Violet Light that deactivates the DNA of bacteria, viruses, fungi, mold, and other pathogens, destroying their ability to multiply and cause disease. It?s an effective, non-chemical approach to disinfecting your air in order to keep you and your family healthy and safe., True HEPA Protection: The included TRUE-HEPA filter removes 99.97% of airborne particles and germs, and effectively removes germs and bacteria from the air. Similarly, the pesticide device label contained the pesticide claims, Germicidal UV Light, True-HEPA Protection Removes up to 99.97% of airborne particles & germs followed by images and words depicting mold and dust mites, Germicidal UV light helps reduce followed by images and words depicting viruses, bacteria, fungi, mildew, and mold spores, True-HEPA filter removes followed by images and words depicting mold spores and dust mites, and The germicidal UV light helps reduce viruses and bacteria to deliver germ-free fresh air. The user manual says that The ultraviolet bulb helps reduce germs from growing in the HEPA filter. These claims are considered overly broad and not supported by efficacy data, therefore, the device described above is misbranded as that term is defined in Section 2(q)(1)(A) of FIFRA, 7 U.S.C. Section 136(q)(1)(A). All pesticide devices are required to be labeled in accordance with 40 C.F.R. Part 156, and any devices entering the United States cannot be misbranded (see Section 17(c)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).

Defendants (1)

• Medline IndustriesNamed in complaintNamed in settlement

Facilities (1)

• MEDLINE INDUSTRIES, INC.

  3 LAKES DRIVE, NORTHFIELD, IL, 60093

  Registry ID: 110070035126

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Medline Industries Crane Tower SCS-13273092 (COVID-19)entered 2022-05-04

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-05-04Final Order Issued
• 2022-05-04Enforcement Action Closed
• 2022-10-12Enforcement Action Data Entered