EPA v. SERUM PRODUCTS, LLC

Case summary

2/24/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,400, DUE IN INSTALLMENT PAYMENTS. FIRST INSTALLMENT OF $1,375.41 SHALL BE MADE ON APR 1, 2009. SECOND PAYMENT OF $1,375.41 DUE ON JULY 1, 2009. THIRD PAYMENT OF $1,375.41 DUE ON OCT 1, 2009. FOURTH PAYMENT OF $1,375.41 DUE ON JAN 1, 2010. SERUM PRODUCTS VIOLATED THE PREVIOUSLY ISSUED CONSENT AGMT AND FINAL ORDER (DATED MARCH 7, 2008) AS FOLLOWS: ON OR ABOUT JUNE 13, 2008, THE INDOOR AIR QUALITY ASSOCIATION, INC., HELD A CONFERENCE (THE IAQA CONFERENCE) IN TAMPA, FL. AN EPA REP WAS PRESENT. EPA PERSONNEL NOTICED A SERUM PRODUCTS, LLC, DISPLAY AT THE IAQA CONFERENCE AT WHICH SERUM 1000 AND SERUM 2000 PRODUCTS WERE IDENTIFIED AS BEING OFFERED FOR SALE BY RESPONDENT. SERUM 1000 AND SERUM 2000 LABELS AND RELATED LITERATURE DISTRIBUTED BY RESPONDENT PROCLAIMED THAT THESE PRODUCTS POSSESS PESTICIDE PROPERTIES. AT THE IAQA CONFERENCE, SERUM 1000 AND SERUM 1000 MADE PESTICIDAL CLAIMS ON THEIR LABELS. SOME OF THE CLAIMS IDENTIFIED ON THE SERUM 1000 LABEL ARE: PRESCRIPTION FOR MOLD AND MILDEW, AND CLEANS MOLD AND MILDEW FROM SURFACES, AND DOWS NOT CONTAIN CHLORINE. SOME OF THE CLAIMS IDENTIFIED ON THE SERUM 2000 LABEL ARE: PREVENTS MOLD AND MILDEW STAINS AND ODORS, PRESCRIPTION FOR MOLD AND MILDEW, AND STAINS AND ODORS CAUSED BY MOLDAT THE TIME OF IAQA CONFERENCE, SERUM 1000 AND SERUM 2000 WERE NOT REGISTERED AS PESTICIDES WITH EPA.

Defendants (1)

• SERUM PRODUCTS, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• SERUM PRODUCTS, LLC

  850-F PICKENS INDUSTRIAL DRIVE, MARIETTA, GA, 30062

  Registry ID: 110035841523

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• SERUM PRODUCTS, LLCentered 2009-02-24

  Primary law: FIFRA

  Federal penalty: $5,400

Timeline (4 milestones)

• 2009-02-24Final Order Issued
• 2009-02-24Complaint Filed/Proposed Order
• 2009-02-26Enforcement Action Data Entered
• 2010-01-31Enforcement Action Closed