EPA v. PERFORMANCE HEALTHCARE PRODUCTS

Case summary

10/11/2011 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000, PLUS INTEREST. THE FIRST INSTALLMENT (479.06) IS DUE WITHIN 30 DAYS OR BY SEPT 1, 2011 WHICHEVER IS LATER. THE SUBSEQUENT 17 PAYMENTS ($505.00) SHALL BE DUE IN ONE MONTH INTERVALS THEREAFTER ON THE FIRST DAY OF EACH CONSECUTIVE MONTH. ALLEGATIONS: RESPONDENT SELLS PERFORMANCE SCRUBS PRODUCTS TO HEALTHCARE PROFESSIONALS ON0LINE AT ITS WEBSITE. ON OR ABOUT AUG 19, 2010, EPA INSPECTED THE RESPONDENT'S FACILIT, AND ON OR ABOUT SEPT 21, 2010, EPA VISITED AND VIEWED RESPONDENT'S WEBSITE. DURING THE INSPECTION AND WEBSITE REVIEW, THE INSPECTORS OBSERVED THAT PERFORMANCE SCRUBS WERE OFFERED FOR SALE BY PERFORMANCE HEALTHCARE PRODUCTS, INC. AT THE TIME OF THE INSPECTION AND WEBSITE REVIEW, PERFORMANCE SCRUBS WERE PESTICIDES AS DEFINED IN FIFRA 2(u) IN THAT THEY WERE BEING SOLD AND DISTRIBUTED AS A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING A PEST... FURHTER, PERFORMANCE SCRUBS WERE ANTIMICROBIAL PESTICIES AS DEFINED IN FIFRA 2(mm) IN THAT THE PRODUCTS WERE INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS ON THE FABRIC BY PREVENTING THE SPREAD OF BACTERIA AND CONTROLLING INFECTION, INHIBITING 99 PERCENT OF THE BACTERIA THAT CAUSES ODOR AND MAKING THEM MORE SANITARY THAN ANY SCRUBS AVAILABLE TODAY. PESTICIDE THAT ARE SOLD AND DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTERED WITH EPA. AS ADVERTISED AND OFFERED FOR SALE AT RESPONDENT'S WEBSITE, PERFORMANCE SCRUBS WERE ANTIMICROBIAL PESTICIDES WHICH WERE NOT REGISTERED WITH EPA. THE INSPECTOR DOCUMENTED AT LEAST ONE OFFER FOR SALE OF PERFORMANCE SCRUBS. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3. RESPONDENT VIOLATED FIFRA 12(a)(1)(A). AS ADVERTIZED AND OFFERED FOR SALE AT RESPONDENT'S WEBSITE, THE PERFORMANCE SCRUBS WERE MISBRANDED IN THAT THEY FAILED TO BEAR INFO REQUIRED BY EPA, INCLUDING BUT NOT LIMITED TO THE EPA ESTABLISHMENT NUMBER, DIRECTIONS FOR USE NECESSARY FOR EFFECTING THE PURPOSE FOR WHICH THE PRODUCT WAS INTENDED, A WARNING OR CAUTION STATEMENT, ND AN INGREDIENT STATEMENT. A PESTICIDE IS MISBRANDED PURSUANT TO FIFRA 2(q) IF ITS LABEL DOES NOT BEAR THE REGISTRATION NUMBER ASSIGNED UNDER SECTION 7 TO EACH ESTABLISHMENT IN WHICH IT WAS PRODUCED, OR DOES NOT BEAR DIRECTIONS FOR USE, A WARNING OR CAUTION STATEMENT AND AN INGREDIENT STATEMENT. FIFRA 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. RESPONDENT VIOLATED FIFRA 12(a)(1)(E).

Defendants (1)

• PERFORMANCE HEALTHCARE PRODUCTS, INC.Named in complaintNamed in settlement

Facilities (1)

• PERFORMANCE HEALTHCARE

  1820 GREY POINTE DRIVE, BRENTWOOD, TN, 37027

  Registry ID: 110043465504

Statutes cited

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

Enforcement conclusions (1)

• PERFORMANCE HEALTHCARE PRODUCTSentered 2011-10-11

  Primary law: FIFRA

  Federal penalty: $9,000

Timeline (4 milestones)

• 2011-10-11Final Order Issued
• 2011-10-11Complaint Filed/Proposed Order
• 2011-10-21Enforcement Action Data Entered
• 2016-03-31Enforcement Action Closed