Another Big Fine for Marketing Unlicensed Equipment

The U.S. Federal Communications Commission (FCC) has proposed a civil penalty of nearly $600,000 for a company accused of marketing noncompliant radio frequency devices.

In a Notice of Apparent Liability for Forfeiture, the Commission proposed a penalty of $590,380 against Bear Down Brands, LLC (d/b/a Pure Enrichment) in connection with the company’s marketing of 14 different models of consumer-grade electronic personal hygiene and wellness devices that lacked the proper FCC equipment authorization. According to the FCC, Bear Down Brands continued to market these unauthorized products even after learning of their non-compliance in mid-2017, and currently continues to market one noncompliant ultrasonic humidifier model that lacks the proper user manual disclosures and required FCC labeling.

In calculating the proposed forfeiture amount, the FCC notes that the company marketed all of the unauthorized devices for at least one year and several for as long as three years. In addition, Bear Down Brands continued to market the unauthorized devices after learning of the violations while seeking to achieve compliance with FCC regulations. According to the FCC, the scope and duration of the company’s marketing of unauthorized devices resulted in significant financial gain for the company, thereby warranting several upward adjustments in the amount of the proposed fine.

Read the text of the Commission’s Notice of Apparent Liability in connection with Bear Down Brands.

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