EPA v. SERGEANT'S PET CARE PRODUCTS, INC.

Case summary

8/12/10 - THE CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,100. ALLEGATIONS: ON OR ABOUT MARCH 6, 2009, EPA, THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, BUREAU OF PESTICIDE MGMT, CONDUCTED AN INSPECTION AT TARGET, LOCATED AT 3031 ROUTE 50, SARASOTA SPRINGS, NY. THE INSPECTION REVEALED AN INSERT WHICH WAS INCLUDED IN A PACKAGE OF SERGEANT'S GOLD FLEA AND TICK SQUEEZE-ON FOR CATS, FOR CATS 5 POUNDS AND OVER, WHICH HAD NOT BEEN SUBMITTED TO EPA AS PART OF THE PRODUCT REGISTRATION. AMONG OTHER CLAIMS, THE PACKAGE INSERT FOUND BY THE INSPECTION PRESENTS A CHART COMPARING SERGEANT'S PRODUCT TO COMPETING PRODUCTS AND CLAIMS: NO OTHER BRAND OFFERS AS MUCH PROTECTION AS SERGEANT'S GOLD SQUEEZE-ON FOR CATS. AFTER RECEIVING A COPY OF THE INSPECTION REPORT, RESPONDENT INVESTIGATED FURTHER AND DETERMINED THAT THE INSERT WAS ADDED TO THE PRODUCT PACKAGING AT THE RESPONDENT'S PRODUCTION FACILITY IN MEMPHIS, TN. RESPONDENT DETERMINED THAT THE INSERT AT ISSUE WAS INCLUDED IN THE PACKAGES OF AN ADDITIONAL THREE PRODUCT LINES THAT IT DISTRIBUTES AND SELLS FOR USE ON CATS PURSUANT TO EPA REGISTRATION NO. 69332-3-2517. RESPONDENT FURTHER DETERMINED THAT A SIMILAR INSERT WAS INCLUDED IN THE PACKAGES OF 8 DIFFERENT PRODUCT LINES THAT IT DISTRIBUTES AND SELLS FOR USE ON DOGS PURSUANT TO EPA REG. NO. 2517-80. RESPONDENT FURTHER DETERMINED THAT THE INSERT INCLUDED IN THE DOG PRODUCTS WAS NOT PROVIDED TO EPA AS PART OF THE EPA REGISTRATION FOR THOSE PRODUCTS. ON MAY 29, 2009, RESPONDNENT VOLUNTARILY DISCLOSED TO EPA THE INFO. CLAIMS MADE IN THE PACKAGE INSERTS DESCRIBED SUBSTANTIALLY DIFFER FROM THE CLAIMS SUBMITTED TO EPA IN CONNECTION WITHT HE PESTICIDES REGISTERED UNDER EPA REGISTRATION NOS. 69332-3-2517 AND 2517-80. UNDER FIFRA 12(a)(1)(B), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY REGISTERED PESTICIDE IF ANY CLAIMS MADE FOR IT AS A PART OF ITS DISTRIBUTE OR SALE SUBSTANTIALLY DIFFER FROM ANY CLAIMS MADE FOR IT AS A PART OF THE STATEMENT REQUIRED IN CONNECTION WITH ITS REGISTRATION UNDER SECTION 3. RESPONDENT VIOLATION FIFRA SEC 12(a)(1)(B) ON AT LEAST ONE OCCASION. RESPONDENT'S INCLUSION OF THE UNAPPROVED INSERTS IN THE PACKAGES WAS MISLEADING IN THAT IT SUGGESTED THAT ALL STATEMENTS ON THE INSERTS WERE EPA-APPROVED. ACCORDING TO SECTION 2(q)(1)(A) OF FIFRA, A PESTICIDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION RELATIVE THERETO OR TO ITS INGREDIENTS WHICH IS FALSE OR MISLEADING IN ANY PARTICULAR. UNDER FIFRA SEC 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY REGISTERED PESTICIDE THAT IS MISBRANDED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(E) ON AT LEAST ONE OCCASION.

Defendants (1)

• SERGEANT'S PET CARE PRODUCTS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• SERGEANT'S PET CARE PRODUCTS, INC.

  4418 MALONE ROAD, MEMPHIS, TN, 38118

  Registry ID: 110031408162

Statutes cited

• FIFRA 12A1B — Claim Difference

Enforcement conclusions (1)

• SERGEANT'S PET CARE PRODUCTS, INC.entered 2010-08-12

  Primary law: FIFRA

  Federal penalty: $6,100

Timeline (4 milestones)

• 2010-08-12Complaint Filed/Proposed Order
• 2010-08-12Final Order Issued
• 2010-08-19Enforcement Action Data Entered
• 2010-08-30Enforcement Action Closed