EPA v. Ushio America, Inc. Germicidal Lamp - 791-33983036 (COVID-19)

Case summary

The importer, Ushio America, Inc. attempted to import USHIO Germicidal Lamp devices into the United States. As defined in FIFRA Section 2(q)(1)(A) a pesticide device is misbranded if its labeling bears any statement, design or graphic representation which is false or misleading. The labels on the device describe the UV light as ?germicidal?. The unqualified use of the term germicidal requires that efficacy for all three classes of disease-causing organisms (bacteria, viruses, and fungi) is demonstrated; however, no data was provided to support the claim. 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).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)

• Ushio America, Inc.Named in complaintNamed in settlement

Facilities (1)

• USHIO AMERICA INC

  5440 CERRITOS AVE, CYPRESS, CA, 90630

  Registry ID: 110012204186

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Ushio America, Inc. Germicidal Lamp - 791-33983036 (COVID-19)entered 2021-12-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2021-12-29Final Order Issued
• 2021-12-29Enforcement Action Closed
• 2022-10-11Enforcement Action Data Entered