EPA v. MEXEL USA LLC

Case summary

On December 17, 2019, the Regional Judicial Officer issued a Final Order, ratifying a Consent Agreement between EPA and Mexel USA LLC (Respondent), to resolve violations of FIFRA involving 13 sales or distributions of Respondent's misbranded pesticide product, Mexel 432/0, in 2017 and failure to file two notices of arrival when Respondent imported Mexel 432/0 in 2017. Distributions or sales of misbranded pesticides -- with labeling that has false or misleading statements (compared to the EPA-approved label and registration) -- are unlawful acts under Section 12 of FIFRA. (In this case, the labeling included false or misleading statements alleging that the product was environmentally safe and sustainable and effective against the bacterium Legionella pneumophila.) Failing to file reports required by FIFRA, such as notices of arrival of imported pesticides, are also unlawful acts under Section 12 of FIFRA. This matter originated through a referral from HQ to Region III. On February 13, 2018, the Virginia Department of Agriculture and Consumer Services (VDACS) performed an inspection of Respondent's premises located in Arlington, Virginia. Under the terms of the CAFO, Respondent will pay a penalty of $3000 (reflecting Respondent's ability to pay). VDACS was informed of this pending settlement in 2019 and had no objection.

Defendants (1)

• MEXEL USA LLCNamed in complaintNamed in settlement

Facilities (1)

• MEXEL USA LLC

  1655 N. FORT MYER DRIVE #350, ARLINGTON, VA, 22209

  Registry ID: 110070672093

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• MEXEL USA LLCentered 2019-12-17

  Primary law: FIFRA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2019-12-17Enforcement Action Data Entered
• 2019-12-17Complaint Filed/Proposed Order
• 2019-12-17Final Order Issued
• 2019-12-19Enforcement Action Closed