EPA v. ESC BRANDS, LLC

Case summary

On January 26, 2023, a Consent Agreement and Final Order entered into by EPA and ESC Brands LLC ( Respondent ) was filed with the Regional Hearing Clerk settling alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA ). The violations were discovered as a result of an investigation into pesticide products sold by Respondent in 2022 and 2023. The products include MY-SHIELD HOSPITAL DISINFECTANT (EPA Reg. No. 94196-3) and MY-SHIELD BROAD SPECTRUM DISINFECTANT (EPA Reg. No. 94196-4) whose product labels stated compositions that differed from the that stated in connection with their registrations, or were misbranded in other ways; and MY-SHIELD LAUNDRY COMPLETE, MY-SHIELD SURFACE CLEANER, and MY-SHIELD HOSPITAL GRADE CLEANER which were unregistered pesticides. For each product, EPA worked closely with Respondent to bring its products into compliance with FIFRA. As alleged in the Consent Agreement and Final Order, Respondent's conduct constituted unlawful acts under Sections 12(a)(1)(A), (C) and (E) of FIFRA, subjecting it to civil penalties under Section 14(a) of FIFRA, 7 U.S.C. 136l(a). The types of FIFRA violations at issue in this matter are exempt from EJ analyses because they effect consumers generally and do not unduly impact a specific location. According to the Consent Agreement and Final Order, Respondent is assessed a penalty in the amount of ONE THOUSAND DOLLARS ($1,000). The West Virginia Department of Agriculture has been notified of this action and has raised no objection.

Defendants (1)

• ESC BRANDS, LLCNamed in complaintNamed in settlement

Facilities (1)

• ESC BRANDS, LLC

  1060 BLUE PRINCE ROAD, BLUEFIELD, WV, 24701

  Registry ID: 110070913724

Statutes cited

• FIFRA 12A1C — Composition Difference
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ESC BRANDS, LLCentered 2024-01-26

  Primary law: FIFRA

  Federal penalty: $1,000

Timeline (4 milestones)

• 2024-01-26Final Order Issued
• 2024-01-26Complaint Filed/Proposed Order
• 2024-02-06Enforcement Action Data Entered
• 2024-02-26Enforcement Action Closed