11/29/2023 - STOP SALE, USE, OR REMOVAL ORDER ISSUED.
ALLEGED VIOLATIONS:
ON OR AROUND MAY 17, 2023, THE EPA ISSUED AN OPPORTUNITY TO SHOW CAUSE LETTER TO MEDIFY ALLEGING THAT MEDIFY?S SALE AND DISTRIBUTION OF MISBRANDED AIR PURIFIER DEVICES WERE IN APPARENT VIOLATION OF FIFRA SECTION 12(A)(1)(F). AFTER FURTHER COMMUNICATIONS WITH THE EPA AND RESPONDENT?S COUNSEL REGARDING RELABELING OF THE PRODUCTS AND RECEIPT OF MEDIFY?S PROPOSED PLAN FOR RELABELING, THE EPA FINDS THAT RESPONDENT?S AIR PURIFIERS, WHICH ARE CURRENTLY BEING HELD AT THE THIRD-PARTY DISTRIBUTOR FACILITIES, ARE DEVICES THAT ARE MISBRANDED AS SET FORTH IN 40 C.F.R. ? 156.10 AND SECTION 2(Q)(1)(F) OF FIFRA BECAUSE THE LABELS FOR THESE PRODUCTS DO NOT CONTAIN DIRECTIONS FOR USE. SALE AND DISTRIBUTION OF THESE MISBRANDED DEVICES BY RESPONDENT WOULD CONSTITUTE AN UNLAWFUL ACT IN VIOLATION OF SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F).