EPA v. FMC CORPORATION

Case summary

ON DECEMBER 19, 2017, EPA REGION III FILED A CAFO SETTLING FIFRA VIOLATIONS IN CONNECTION WITH FMC'S ADVERTISEMENTS AND SALES OF ITS RESTRICTED USE PESTICIDE (RUP) MARKETED AS STALLION INSECTICIDE THAT INCREASED RISKS OF THE PRODUCT'S PURCHASE OR USE BY UNAUTHORIZED INDIVIDUALS, AND OF MISUSE. PURSUANT TO THE CAFO, FMC WILL PAY A CIVIL PENALTY OF $1 MILLION DOLLARS FOR ITS ALLEGED UNLAWFUL ACTS. IN SEPTEMBER 2015, EPA REGION III FILED AN ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING ALLEGING 12,273 ADVERTISING VIOLATIONS UNDER SECTION 12(a)(2)(E) OF FIFRA, AND 106 MISBRANDING VIOLATIONS UNDER SECTION 12(a)(1)(E) OF FIFRA. IN JULY 2017, THE PRESIDING ADMINISTRATIVE LAW JUDGE GRANTED, PART, EPA'S MOTION FOR PARTIAL ACCELERATED DECISION, FINDING FMC LIABLE UNDER SECTION 12(a)(2)(E) OF FIFRA FOR ILLEGALLY ADVERTISING STALLION INSECTICIDE WITHOUT STATING ITS RESRICTED USE CLASSIFICATION IN VIOLATION OF SECTION 12(a)(2)(E) OF FIFRA, BUT DEFERRING THE RULING ON THE NUMBER OF VIOLATIONS UNTIL THE JANUARY 2018 HEARING IN PHILADELPHIA. THESE ALLEGED VIOLATIONS AT ISSUE IN THIS MATTER POSED POTENTIAL HARM TO HUMAN HEALTH AND THE ENVIRONMENT. THE AGENCY'S CLASSIFICATION OF STALLION INSECTICIDE AS A RUP MEANS THAT THE AGENCY DEEMED IT TOO RISKY TO BE USED BY ANYONE OTHER THAN A CERTIFIED APPLICATOR, OR SOMEONE SUPERVISED BY SUCH APPLICATOR. FMC'S ADVERTISEMENTS THAT OMITTED THE REQUIRED RESTRICTED USE STATEMENT HAD THE POTENTIAL TO RESULT IN PURCHASE OR ILLEGAL USE BY UNQUALIFIED CONSUMERS, POSING HAR TO THEM AND/OR TO THE ENVIRONMENT. FMA'S SELLING OF THE PRODUCT AS STALLION INSECTIDE HAD THE POTENTIAL TO RESULT IN HARM TO THE ENVIRONMENT SINCE THE NAME IMPLIES THAT IT CAN BE USED ON HORSES RATHER THAN THE INTENDED TARGET CROPS (E.G., ALFALFA, SUNFLOWERS, ETC.). ALTHOUGH THIS CASE WAS REFERRED TO REGION III BY EPA HQ AND DID NOT RISE FROM A STATE INSPECTION, SEVERAL STATE LEAD AGENCIES HAVE PROVIDED SUPPORT TO REGION III'S ENFORCEMENT EFFORTS IN THIS MATTER.

Defendants (1)

• FMC CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• FMC CORPORATION

  1735 MARKET STREET, PHILADELPHIA, PA, 190307597

  Registry ID: 110029891829

• FMC CORPORATION

  1735 MARKET STREET, PHILADELPHIA, PA, 190307597

  Registry ID: 110029891829

Statutes cited

• FIFRA 12A2E — Advertise without Classification
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• FMC CORPORATIONentered 2017-12-19

  Primary law: FIFRA

  Federal penalty: $1,000,000

Timeline (4 milestones)

• 2015-09-14Complaint Filed/Proposed Order
• 2015-10-08Enforcement Action Data Entered
• 2017-12-19Final Order Issued
• 2017-12-22Enforcement Action Closed