EPA v. Medline Industries Crane Tower SCS-05638948 (COVID-19)

Case summary

For the Crane Tower Air Purifier (EE-5067), 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, 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. The words germicidal and germs on the product label and product manual are considered overly broad because they are not qualified to say the specific species of microorganisms the product is efficacious against. In addition, the claim germ-free is equivalent to a sterilization claim and is not supported by the efficacy data. The above claims are false or misleading, 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-05638948 (COVID-19)entered 2022-09-26

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-09-26Final Order Issued
• 2022-09-26Enforcement Action Closed
• 2022-10-12Enforcement Action Data Entered