EPA v. HERCULES INCORPORATED

Case summary

10/16/07 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,800, DUE WITHIN 30 DAYS. AT THE TIME OF THE INSPECTION, THE SPECTRUS NX104 PRODUCT LABEL FAILED TO BEAR THE CORROSIVE, FATAL IF INHALED AND CAUSES IRREVERISBLE EYE DAMAGE AND SKIN BURNS STATEMENT. IT ALSO FAILED TO CONTAIN AN ADEQUATE FIRST AID STATEMENT, PERSONAL PROTECTIVE EQUIPMENT STATEMENT, USER SAFETY RECOMMENDATIONS AND THE SPANISH SIGNAL WORD PELIGRO. THE LABEL ALSO FAILED TO CONTAIN THE WORDS PACKED FOR, DISTRIBUTED BY OR SOLD BY TO SHOW THAT THE NAME IS NOT THAT OF THE PRODUCER. A LABORATORY ANALYSIS SHOWS THAT THE CONCENTRATION OF THE ACTIVE INGREDIENT EXCEEDED THE UPPER CERTIFIED LIMIT FOR THE ACTIVE INGREDIENT CONTAINED IN THE CONFIDENTIAL STATEMENT OF FORMULA SUBMITTED BY RESPONDENT.

Defendants (1)

• HERCULES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• HERCULES INC

  7525 NORTHEAST INDUSTRIAL BOULEVARD, MACON, GA, 31216

  Registry ID: 110000360118

Statutes cited

• FIFRA 12A1C — Composition Difference
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• HERCULES INCORPORATEDentered 2007-10-16

  Primary law: FIFRA

  Federal penalty: $20,800

Timeline (3 milestones)

• 2007-10-16Final Order Issued
• 2007-10-16Complaint Filed/Proposed Order
• 2008-01-09Enforcement Action Data Entered