EPA v. PERFORMANCE HEALTHCARE PRODUCTS, INC.

Case summary

11/19/2010 - STOP SALE, USE OR REMOVAL ORDER ISSUED. ON OR ABOUT AUG 9, 2010, AN INSPECTOR, DULY APPOINTED BY THE EPA ADMINISTRATOR, INSPECTED THE RESPODNENT'S FACILITY AND ON OR ABOUT SEPT 21, 2010, AN INSPECTOR VISITED AND VIEWED RESPONDENT'S WEBSITE. DURING THE INSPECTION AND VISIT TO RESPONDENT'S WEBSITE, INSPECTOR OBSERVED THAT PERFORMANCE SCRUBS WERE OFFERED FOR SALE BY PERFORMANCE HEALTHCARE PRODUCTS, INC. PERFORMANCE SCRUBS ARE PESTICIDES AS DEFINED IN FIFRA SECTION 2(u) IN THAT THEY ARE A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING A PEST. FURTHER, PERFORMANCE SCRUBS ARE ANTIMICROBIAL PESTICIDES AS DEFINED IN SECTION 2(mm) OF FIFRA, IN THAT THE PRODUCTS ARE INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS ON THE FEBRIC BY PREVENTING THE SPREAD OF BACTERIA AND CONTROLLING INFECTION, INHIBITING 99% OF THE BACTERIA THAT CAUSES ODOR AND MAKING THEM MORE SANITARY THAN ANY SCRUBS AVAILABLE TODAY. AS ADVERTISED IN PROMOTIONAL MATERIALS AND OFFERED FOR SALE AT RESPONDENT'S WEBSITE, PERFORMANCE SCRUBS ARE ANTIMICROBIAL PESTICIDES WHICH ARE NOT REGISTERED WITH THE 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. AS ADVERTISED AND OFFERED FOR SALE AT RESPONDENT'S WEBSITE THE PERFORMANCE SCRUBS ARE 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, AN INGREDIENT STATEMENT, AND THE EPA REGISTRATION NUMBER. A PRODUCT IS MISBRANDED PURSUANT OF FIFRA SECTION 2(q) IF ITS LABEL FAILED TO BEARN ANY OF THE FOLLOWING: THE REGISTRATION NUMBER ASSIGNED UNDER SECTION 7 TO EACH ESTABLISHMENT IN WHICH IT WAS PRODUCED, DIRECTION FOR USE, A WARNING OR CAUTION, STATEMENT, AN INGREDIENT STATEMENT, AND AN EPA ASSIGNED REGISTRATION NUMBER. 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. IN ADDITION, PERFORMANCE SCRUBS WERE NOT PRODUCED IN AN EPA-REGISTERED PESTICIDE PRODUCING ESTABLISHMENT. FIFRA SEC 7 STATES, NO PERSON SHALL PRODUCE ANY PESTICIDE ...UNLESS THE ESTABLISHMENT IS REGISTERED WITH THE ADMINISTRATOR. ORDER: RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE OR REMOVE PERFORMANCE SCRUBS.

Defendants (1)

• PERFORMANCE HEALTHCARE PRODUCTS, INC.Named in settlement

Facilities (1)

• PERFORMANCE HEALTHCARE

  1820 GREY POINTE DRIVE, BRENTWOOD, TN, 37027

  Registry ID: 110043465504

Statutes cited

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

Enforcement conclusions (1)

• PERFORMANCE HEALTHCARE PRODUCTS, INC.entered 2010-11-19

  Primary law: FIFRA

Timeline (2 milestones)

• 2010-11-19Final Order Issued
• 2011-03-14Enforcement Action Data Entered