EPA v. PILCHER, CHARLES dba ANIMEDS dba THEFLEAFIGHTERS dba PCSORCERER

Case summary

10/24/08 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. RESPONDENT OPERATES A FACILITY LOCATED AT 385 HITCHCOCK ROAD, DALLAS, GA, EPA ESTABLISHMENT NUMBER 85292-GA-001, AND SELLS PRODUCTS VIA THE INTERNET AT WWW.EBAY.COM. ON OR ABOUT SEPT 11, 2008, AN EPA INSPECTOR INSPECTED RESPONDENT'S EBAY LISTINGS. DURING THE INSPECTION, THE INSPECTOR REVIEW ITEM NUMBER 250292926799, FLEA FIGHTER. AT THE TIME OF THE INSPECTION, THE PRODUCT WAS OFFERED FOR SALE BY RESPONDENT. AT THE TIME OF THE INSPECTION, FLEA FIGHTER WAS NOT REGISTERED AS A PESTICIDE WITH EPA. FIFRA SECTION 12(a)(1)(A) STATES THAT IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON A PESTICIDE THAT IS NOT REGISTERED BY EPA. SECTION 2(q) OF FIFRA STATES THAT A PESTICIDE IS MISBRANDED WHEN ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION WHICH IS FALSE OR MISLEADING. FLEA FIGHTER WAS MISBRANDED IN THAT, AT THE TIME OF THE OFFER FOR SALE, THE LABELING CONTAINED A GRAPHIC REPRESENTING EPA, WHICH DIRECTLY OR INDIRECTLY IMPLIED RECOMMENDATION OR ENDORSEMENT BY AN AGENCY OF THE FED GOV'T. ADDITIONALLY, WHEN OFFERED FOR SALE, FLEA FIGHTER WAS MISBRANDED IN THAT IT FAILED TO BEAR INFO REQUIRED BY EPA INCLUDING, BY NOT LIMITED TO, A VALIED EPA REGISTRATION NUMBER, THE NET CONTENTS, AN INGREDIENT STATEMENT, AND A WARNING OR CAUTION STATEMENT. SECTION 12(a)(1)(E) OF FIFRA STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL OR ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED OR MISBRANDED. ORDER REQUIRES: RESPONDENT IS HEREBY ORDER NOT TO DISTRIBUTE, SELL, USE, OR REMOVE THE FOLLOWING PESTICIDE PRODUCT WHICH IS UNREGISTERED AND MISBRANDED: FLEA FIGHTER. RESPONDENT SHALL NOT COMMENCE ANY SALE OR DISTRIBUTION OF FLEA FIGHTER, OR ANY OTHER UNREGISTERED PESTICIDE, WITH PRIOR WRITTEN APPROVAL FROM EPA.

Defendants (4)

• PILCHER, CHARLESNamed in settlement
• PCSORCERERNamed in settlement
• THEFLEAFIGHTERSNamed in settlement
• ANIMEDSNamed in settlement

Facilities (1)

• PILCHER, CHARLES DBA ANIMEDS DBA THEFLEAFIGHTERS DBA PCSORCERER

  385 HITCHCOCK ROAD, DALLAS, GA, 30157

  Registry ID: 110037948683

Statutes cited

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

Enforcement conclusions (1)

• PILCHER, CHARLES dba ANIMEDS dba THEFLEAFIGHTERS dba PCSORCERERentered 2008-10-24

  Primary law: FIFRA

Timeline (2 milestones)

• 2008-10-24Final Order Issued
• 2008-11-05Enforcement Action Data Entered