EPA v. ORGANIC LABORATORIES, INC.

Case summary

5/27/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,020 WHICH IS TO BE PAID IN 8 INSTALLMENTS. THE FIRST PAYMENT OF $907.37 IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS OF $907.37 EACH ARE TO BE MADE IN 3-MONTH INTERVALS THEREAFTER. (FINAL PENALTY PAYMENT DUE WITHIN 22 MONTHS.) SPECIFIC ALLEGATIONS: ON OR ABOUT MAY 6, 2008, EPA CONDUCTED AN INSPECTION AT ORGANIC LABORATORIES. DURING THE INSPECTION, THE PRODUCTS NUTRA SORB K-SIL AND EXEL LB SYSTEMIC FUNGICIDE WERE IDENTIFIED AS BEING PRODUCED AND OFFERED FOR SALE OR DISTRIBUTION ON THE INTERNET BY RESPONDENT. AT THE TIME OF THE INSPECTION, NUTRA SORB K-SIL MADE PESTICIDAL CLAIMS ON BOTH THE PRODUCT LABEL AND COMPANY WEBSITE AND WAS NOT REGISTERED AS A PESTICIDE WITH EPA. RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA ON AT LEAST ONE OCCASION. AT THE TIME OF THE INSPECTION, THE EXEL LG SYSTEMIC FUNGICIDE PRODUCT WAS MISBRANDED IN THAT THE COMPANY'S ADVERTISING ON THE INTERNET MADE A FALSE OR MISLEADING STATEMENT THAT THE PRODUCT WAS SAFE WITHOUT A QUALIFYING STATEMENT, WHICH IS CONSIDERED FALSE AND MISLEADING IN ACCORDANCE WITH 40 CFR 156.10(a)(5)(ix). SECTION 2(q)(1)(A) OF FIFRA 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. IT IS UNLAWFUL ACCORDING TO FIFRA SECTION 12(a)(1)(E) FOR ANY PERSON TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS MISBRANDED. RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA ON AT LEAST 2 OCCASIONS.

Defendants (1)

• ORGANIC LABORATORIES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• ORGANIC LABORATORIES INC

  2963 DOMINICA TERRACE, STUART, FL, 34997

  Registry ID: 110038292479

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ORGANIC LABORATORIES, INC.entered 2009-05-27

  Primary law: FIFRA

  Federal penalty: $7,020

Timeline (4 milestones)

• 2009-05-27Complaint Filed/Proposed Order
• 2009-05-27Final Order Issued
• 2009-06-24Enforcement Action Data Entered
• 2011-03-14Enforcement Action Closed