EPA v. ADVANCED SKIN TECHNOLOGIES, INC.

Case summary

On October 29, 2024, EPA entered into a Consent Agreement and Final Order with pesticide producer Advanced Skin Technologies, Inc. ( AST ), in connection with violations of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. 136j(a)(1)(E), and the regulations implementing FIFRA as set forth at 40 C.F.R. 156.10(a)(1). Following a routine FIFRA producer establishment inspection, and based upon EPA's request for information, EPA found that AST, Inc. Chlorinated Sanitizer labels did not to match the EPA Accepted label (EPA Reg. No. 9436-4). On March 11, 2024, EPA issued a Notice of Potential Violations and Opportunity to Confer to AST for potential violations of the pesticide registration and labeling requirements of Section 12 of FIFRA, 7 U.S.C. 136j, and 40 C.F.R. 156.10. EPA determined that Respondent failed to comply with the FIFRA labeling requirements by its sale/distribution of 83 registered pesticides with misbranded labels, during the period of time from February 10, 2021, to April 11, 2023, in violation of Section 12(a)(1)(E) of FIFRA, in that the product labels had incorrect or missing language. The Consent Agreement requires that Respondent pay a civil penalty of $10,800 in twelve (12) monthly installments, plus applicable interest. The penalty was agreed to after an inability to pay analysis was performed. On October 15, 2024, EPA?s Regional staff provided a notice of this pending action to the Pennsylvania Department of Agriculture (PDA) of these actions and there were no concerns raised. For this area, environmental justice (EJ) assessment information was considered and there are not potential EJ concerns for this address.

Defendants (1)

• ADVANCED SKIN TECHNOLOGIES, INC.Named in complaintNamed in settlement

Facilities (1)

• ADVANCED SKIN TECHNOLOGIES, INC.

  7143 BERNVILLE RD, BERNVILLE, PA, 19506

  Registry ID: 110010715397

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• ADVANCED SKIN TECHNOLOGIES, INC.entered 2024-10-29

  Primary law: FIFRA

  Federal penalty: $10,800

Timeline (3 milestones)

• 2024-10-29Complaint Filed/Proposed Order
• 2024-10-29Final Order Issued
• 2024-10-31Enforcement Action Data Entered