EPA v. NO MORE FLEAS PLEASE, INC.

Case summary

1/10/10 - STOP SALE, USE OR REMOVAL ORDER ISSUED. RESPONDENT OPERATES A FACILITY IN CHARLOTTE, NC, AND SELLS THE PRODUCTS VIA THE INTERNET. ON OR ABOUT OCT 21, 2008, AN EPA INSPECTOR INSPECTED RESPONDENT'S FACILITY AND WEBSITE. DURING THE INSPECTION, THE INSPECTOR REVIEWED VARIOUS SIZES OF KITS CONTAINING THE LARGEST AVAILABLE DOSE OF ONE OF THE FOLLOWING EPA REGISTERED PESTICIDES: FRONTLINE PLUS, ADVANTAGE, OR KY ADVANTIX, PACKAGED WITH A SYRINGE, GLASS VIAL, AND INSTRUCTIONS TO USE THE AMOUNT INTENDED AS A SINGLE DOSE FOR A LARGE DOG AS MULTIPLE DOSES FOR SMALLER ANIMALS. THESE PRODUCTS ARE HEREINAFTER REFERRED TO AS THE KITS. THE KITS WERE OFFERED FOR SALE BY RESPONDENTS. AT THE TIME OF THE INSPECTION, THE KITS WERE NOT REGISTERED AS PESTICIDES WITH EPA. FIFRA SEC 12(a)(1)(A) STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON A PESTICIDE THAT IS NOT REGISTERED BY EPA. FIFRA SEC 2(q) STATES A PESTICIDE IS MISBRANDED WHEN ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIS REPRESENTATION WHICH IS FALSE OR MISLEADING IN ANY PARTICULAR. THE KITS WERE MISBRANDED IN THAT THE WEBSITE LABELING CONTAINED A GRAPHIC REPRESENTING EPA, WHICH DIRECTLY OR INDIRECTLY IMPLIES RECOMMENDATION OR ENDORSEMENT BY AN AGENCY OF THE FED GOV'T. FIFRA SEC 12(a)(1)(E) STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED OR MISBRANDED. ON OR ABOUT DEC 18, 2009, AN EPA INSPECTOR INSPECTED RESPONDENT'S WEBSITE. THE INSPECTOR OBSERVED THE REGISTERED PESTICIDE, FRONTLINE PLUS, OFFERED FOR SALE BY RESPONDENT AS 3 MONTH FRONTLINE PLUS / EPA NO BOX IN VARIOUS SIZES AS ONE HALF OF A 6 PACK. THESE PRODUCTS ARE NOT SOLD IN THEIR COMPLETE ORIGINAL PACKAGING. THIS PRODUCT WAS NOT REGISTERED AS PESTICIDES WITH EPA. FIFRA SEC 12(a)(1)(A) STATES THAT IS SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON A PESTICIDE THAT IS NOT REGISTERED BY EPA. THE 3 MONTH FRONTLINE PLUS/EPA NO BOX IN VARIOUS SIZES WERE MISBRANDED IN THAT THE WEBSITE LABELING CONTAINED A GRAPHIS REPRESENTING EPA, WHICH DIRECTLY OR INDIRECTLY IMPLIES RECOMMENDATION OR ENDORSEMENT BY AN AGENCY OF THE FED GOV'T. FIFRA SEC 12(a)(1)(E) STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED OR MISBRANDED. ORDER: RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE, OR REMOVE THE FOLLOWING PESTICIDE PRODUCT WHICH IS UNREGISTERED AND MISBRANDED: THE KITS AND THE MONTH FRONTLINE PLUS/EPA NO BOX IN VARIOUS SIZES. THIS ORDER SHALL PERTAIN TO ALL QUANTITIES AND SIZES OF THE KITS, 3 MONTH FRONTLINE PLUS/EPA NO BOX IN VARIOUS SIZES, OR ANY OTHER UNREGISTERED PESTICIDE, WITHIN THE OWNERSHIP, CONTROL OR CUSTODY OF RESPONDENT, WHEREVER LOCATED. THIS, OR ANY OTHER, UNREGISTERD PESTICIDE SHALL NOT BE SOLD; OFFERED FOR SALE; HELD FOR SALE; SHIPPED; DELIVERED FOR SHIPMENT; RECEIVED; OR, HAVING BEEN SO RECEIVED, DELIVERED, OFFERED FOR DELIVERY, MOVED, OR REMOVED FROM THE PREMISES, FOR ANY REASON. RESPONDENT SHALL NOT COMMENCE ANY SALE OR DISTRIBUTION OF THE KITS, 3 MONTH FRONTLINE PLUS/EPA NO BOX IN VARIOUS SIZES, OR ANY OTHER UNREGISTERED PESTICIDE, WITHOUT PRIOR WRITTEN APPROVAL FROM EPA.

Defendants (1)

• NO MORE FLEAS PLEASE, INC. (SB)Named in settlement

Facilities (1)

• NO MORE FLEAS PLEASE, INC.

  4404 PEBBLE POND DRIVE, CHARLOTTE, NC, 27603

  Registry ID: 110041218713

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• NO MORE FLEAS PLEASE, INC.entered 2010-01-10

  Primary law: FIFRA

Timeline (2 milestones)

• 2010-01-10Final Order Issued
• 2010-04-08Enforcement Action Data Entered