Rong Sun, Unregistered Pesticide Sale, Georgia 2020

Atlanta, GA – Rong Sun, also known as Vicky Sun, was sentenced to 24 months in federal prison and ordered to pay a $659 fine after being convicted of illegally selling an unregistered pesticide across state lines. The case, investigated by the Environmental Protection Agency (EPA), highlights a concerning trend of fraudulent products marketed to a fearful public during times of heightened health anxieties.

According to court documents, Sun peddled the product “Toamit Virus Shut Out,” rebranded as “Virus Shut Out” and “Stop The Virus,” through an eBay storefront. The listings falsely claimed the device could protect individuals from viral infections, depicting imagery suggesting it actively removed viruses from the wearer’s vicinity. The marketing material went further, stating the product utilized chlorine dioxide (ClO2) and functioned as a “portable air cleaner” with a protective radius of one meter, reducing infection risk by a claimed 90%.

The EPA’s investigation revealed that Toamit Virus Shut Out was never registered with the agency, a critical requirement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA mandates rigorous testing and approval processes for all pesticides – defined by the EPA as any substance intended to prevent, destroy, or repel pests, including viruses – to ensure safety and efficacy. Selling or distributing an unregistered pesticide is a federal crime.

Prosecutors established that Sun imported the unregistered pesticide from Japan and subsequently distributed it to customers throughout the United States. The brazen marketing tactics preyed on public fear surrounding viral outbreaks, promising a false sense of security to unsuspecting buyers. The EPA emphasized the potential health risks associated with using unregistered pesticides, as their composition and effects are unknown and potentially harmful.

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Legal Ramifications

Sun violated 7 U.S.C. § 136j(a)(1)(E) and 7 U.S.C. § 136j(a)(1)(A) of FIFRA. These statutes prohibit the distribution and sale of unregistered pesticides. The sentence reflects the seriousness with which federal authorities view violations of environmental regulations, especially those involving potential public health risks. The $659 fine, while seemingly modest, is in addition to the significant penalty of a 24-month prison sentence.

Key Facts

Defendant: Rong Sun (a/k/a Vicky Sun)
Crime: Illegal sale of unregistered pesticide
State: Georgia
Year: 2020
Product: “Toamit Virus Shut Out” (marketed as “Virus Shut Out” and “Stop The Virus”)
Statutes Violated: 7 U.S.C. § 136j(a)(1)(E), 7 U.S.C. § 136j(a)(1)(A) (FIFRA)
Penalty: 24 months imprisonment, $659 fine
Origin of Product: Imported from Japan

The EPA continues to actively investigate and prosecute individuals and companies involved in the illegal sale of pesticides. Consumers are urged to verify the registration status of any pesticide product before purchase by using the EPA’s online pesticide product label system. This case serves as a stark reminder of the importance of regulatory oversight and the dangers of relying on unsubstantiated health claims, especially during public health crises.

Source: EPA ECHO Enforcement Case Database

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