Evan Morgan and DEM Technology LLC of Dayton, Ohio, pleaded guilty to selling an unregistered fogger, which they claimed, without proof, could sanitize an entire room. According to the plea, beginning in 1996, DEM produced the surface-sanitizing product, SaniGuard. It was only authorized for use as a surface spray. However, since SaniGuards initial EPA registration, DEM has sold the product not only as a Dry Sanitizing Surface Spray but also as a Total Release Fogger. According to its marketing materials, the fogger product allowed for the entire cans contents to be released into a room, supposedly disinfecting all surfaces in the room. It also claimed the fogger could sanitize a room within 10 to 15 minutes; is effective against H1N1, E-Coli, Staphylococcus, MRSA and Salmonella; and has a 99.99% kill rate of fungus, bacteria' viruses. DEM has never established efficacy nor safety data associated with SaniGuards use as a fogger as required by the Federal Insecticide, Fungicide and Rodenticide Act.

From 2004 to 2015, DEM received and acknowledged repeated correspondence from the EPA, directing the removal of language relating to fogging from the SaniGuard label. Additionally, on July 21, 2015, the EPA entered a consent order, which ordered DEM to pay a civil penalty based upon DEMs sale of the fogger product. Nonetheless, DEM continued to produce and sell Total Release Fogger in 2015, 2016, 2017 and 2018.

• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)