EPA v. PILCHER, CHARLES dba ANIMEDS dba THEFLEAFIGHTERS

Case summary

2/20/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,200, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT APR 10, 2008, EPA CONDUCTED AN INSPECTION OF CHARLES PILCHER dba ANIMEDS AND dba THEFLEAFIGHTERS, DALLAS, GA AND OF RESPONDENT'S INTERNET SALES AT EBAY.COM. DURING THE INSPECTION, ADVANTAGE FLEA 10 DOSE CAT, ADVANTAGE FLEA 5 DOSE CAT, FRONTLINE PLUS FLEA TICK 8 DOSE CAT, PRECISION KAT KIT, AND PRECISION DOG KIT HEREINAFTER THE KITS ) WERE IDENTIFIED AS BEING SOLD OR DISTRIBUTED BY RESPONDENT. THE KITS ARE PRODUCTS THAT CONTAIN ONE DOSE OF A REGISTERED FLEA AND TICK PESTICIDE, A VIAL, AND A SYRINGE PACKAGES WITH ALTERNATE DIRECTIONS FOR USE THAT REQUIRE PARTIAL DOSING FOR SMALLER ANIMALS. THE KITS MAY ALSO BE SOLD UNDER ALTERNATE NAMES. UNDER FIFRA SEC 12(a)(1)(B) IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY REGISTERED PESTICIDE IF ANY CLAIMS MADE FOR IT AS PART OF ITS DISTRIBUTION OR SALE SUBSTANTIALLY DIFFER FROM ANY CLAIMS MADE FOR IT IN CONNECTION WITH ITS REGISTRATION. AT THE TIME OF THE INSPECTION, THE KITS MADE CLAIMS THAT EACH VIAL OF PRODUCT MEANT FOR A SINGLE DOSE OF FLEA AND/OR TICK CONTROL COULD BE USED FOR MULTIPLE DOSES, WHICH IS NOT PART OF THE EPA ACCEPTED REGISTRATION FOR ANY OF THESE REGISTERED FLEA AND TICK PRODUCTS. FIFRA SEC 2(q)(1)(A) DEFINES MISBRANDING TO INCLUDE LABELING THAT BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION RELATIVE THERETO OR TO ITS INGREDIENTS WHICH IS FALSE OR MISLEADING IN ANY PARTICULAR. AT THE TIME OF THE INSPECTION, THE EBAY.COM OFFERS FOR SALE OF THE KITS BORE A STATEMENT, US EPA APPROVED, THAT IMPLIED THAT THE PRODUCT WAS RECOMMENDEDED OR ENDORSED BY THE EPA. FIFRA SEC 2(q)(1)(F) STATE A PESTICIDE IS MISBRANDED IF THE LABELING ACCOMPANYING IT DOES NOT CONTAIN DIRECTION FOR USE WHICH ARE NECESSARY FOR EFFECTING THE PURPOSE FOR WHICH THE PRODUCT IS INTENDED AND ARE ADEQUATE TO PROTECT HEALTH AND THE ENVIRONMENT. AT THE TIME OF THE INSPECTION, THE KITS DID NOT CONTAIN ADEQUATE DIRECTIONS FOR USE OF THE PESTICIDES. FLEA FIGHTER FOR CATS IS NOT REGISTERED AS A PESTICIDE WITH EPA. IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL ANY PESTICIDE NOT REGISTERED. MERIT 1.47 TLC INSECTICIDE CONCENTRATE IS A REGISTERED PESTICIDE FOR USE ON TREES, SHRUBS, AND OTHER PLANTS OUTDOORS TO PREVENT INSECT DAMAGE. MERIT 1.47 WAS USED IN TEH FORMULATION OF THE UNREGISTERED PESTICIDE FOR FLEA FIGHTER FOR CATS. IT IS UNLAWFUL FOR ANY PERSON TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING.

Defendants (3)

• PILCHER, CHARLESNamed in complaintNamed in settlement
• thefleafightersNamed in complaintNamed in settlement
• ANIMEDSNamed in complaintNamed in settlement

Facilities (1)

• PILCHER, CHARLES DBA ANIMEDS DBA THEFLEAFIGHTERS DBA PCSORCERER

  385 HITCHCOCK ROAD, DALLAS, GA, 30157

  Registry ID: 110037948683

Statutes cited

• FIFRA 12A1B — Claim Difference
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• PILCHER, CHARLES dba ANIMEDS dba THEFLEAFIGHTERSentered 2009-02-20

  Primary law: FIFRA

  Federal penalty: $1,200

Timeline (4 milestones)

• 2009-02-20Final Order Issued
• 2009-02-20Complaint Filed/Proposed Order
• 2009-02-25Enforcement Action Data Entered
• 2009-03-23Enforcement Action Closed