NEW YORK - The U.S. Environmental Protection Agency announced today a settlement with Tzumi Electronics LLC and Enchante Accessories, Inc. for violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) committed during the 2020 COVID-19 pandemic. Under the settlement the companies will make a $1.5 million combined penalty payment.
“Consumers should exercise caution when purchasing devices that claim to kill germs or pests. EPA requires these devices have an EPA establishment number. In this case, the devices were rushed to market during the pandemic by companies unfamiliar with EPA’s regulations and failed to meet even these very basic requirements,” said Lisa F. Garcia, EPA Regional Administrator. “This settlement demonstrates the consequences of acting in haste and ignorance of federal environmental laws and regulations.”
Tzumi Electronics and Enchante Accessories engaged in the distribution and sale of pesticide devices. Between May 5, 2020 and September 17, 2020, at the height of the pandemic, Enchante, a large manufacturer and wholesaler of consumer goods, was the importer of record for numerous shipments of 15 distinct Tzumi-branded ultraviolet (UV) devices imported into the United States from China. The labels of the Tzumi-branded UV devices displayed pesticidal claims that UV lights kill microbes -- and did not include an EPA establishment number for the producing establishment, as required by FIFRA. Enchante further imported these shipments into the U.S. without filing proper paperwork (Notices of Arrival) prior to arrival, in violation of the law. Upon entry into the U.S., each of the shipments was then transferred to Tzumi Electronics, which held and distributed the misbranded UV devices to domestic retailers.
Among the goals of FIFRA is to minimize risks to the public and the environment from the use of pesticides and pesticide devices. Pesticide devices are not subject to registration or any other form of premarket review by EPA and are therefore not evaluated for safety and efficacy by EPA. However, EPA may review device labels and labeling during compliance monitoring of domestic, imported or exported device products, or as part of voluntary, fee-based, regulatory determination submission. FIFRA requires all pesticide devices imported into the U.S. to be produced in an EPA registered establishment and include on the label an EPA establishment number, which the agency assigns to each establishment that produces any pesticide, active ingredient, or device. The EPA establishment number allows pesticide devices to be traced to the facility of manufacture in the event of an issue with the product’s use.
EPA does not routinely review the safety or efficacy of UV light devices and as a result, EPA has not conducted a human health risk assessment to determine the safety of these products. For the same reason, EPA cannot confirm whether, or under what circumstances, UV light devices might be effective against any pest, including viruses and bacteria. Device manufacturers, sellers, and/or distributors are responsible for maintaining records and data to support their claims and consumers can request these records from these entities directly.
EPA has advised the public about regulations related to UV Lights that claim to kill or be effective against viruses and bacteria.
EPA has created a Guide for Consumers about pesticide devices.
For more information about the Federal Insecticide, Fungicide, and Rodenticide Act, please visit: http://www2.epa.gov/laws-regulations/summary-federal-insecticide-fungicide-and-rodenticide-act
Report violations of FIFRA and other regulations online: https://www.epa.gov/enforcement/report-environmental-violations
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