EPA v. D-MAND BETTER PRODUCTS, LLC

Case summary

7/25/12 - STOP SALE, USE, OR REMOVAL ORDER. ON OR ABOUT JULY 13, 2012, EPA REVIEWED RESPONDENT'S INTERNET PRODUCT ADVERTISEMENTS LOCATED AT WWW.D-MANDBETTERPRODUCTS.COM FOR THE FOLLOWING PRODUCTS: - M-1 ALGAE REMOVER; - BARN AND STABLE WASH; - M-1 SURE COTE; - M-1 ROOF CLEANER CONCENTRATE; - M-1 DECK AND FENCE CLEANER; AND - M-1 DRIVEWAY AND PATIO CLEANER. THE PRODUCTS WERE BEING OFFERED FOR SALE BY RESPONDENT ON THE INTERNET AND WERE AVAILABLE TO PURCHASE THROUGH AN ONLINE SHOPPING CART. BECAUSE RESPONDENT ADVERTISES CLAIMS ON ITS WEBSITE THAT THE PRODUCTS REMOVE AND KILL PESTS INCLUDING MILDEW AND ALGAE, RESPONDENT HAS MADE PESTICIDAL CLAIMS FOR EACH OF THE PRODUCTS, AND, AS SUCH, EACH IS A PESTICIDE AS DEFINED IN FIFRA 2(u). BASED UPON EPA'S REVIEW OF RESPONDENT'S INTERNET SITE, RESPONDENT HAS OFFERED OFR SALE THE ABOVE-LISTED PESTICIDE PRODUCTS WHICH, SA OF THE DATE OF THIS SSURO, EPA HAS REASON TO BELIEVE THAT THE PRODUCTS HAVE NOT BEEN REGISTERED AS A PESTICIDE WITH EPA. BASED UPON INFO SUBMITTED BY RESPONDENT TO THE GA DEPT OF AGRICULTUR IN SUPPORT OF A STATE PESTICIDE REGISTRATION FOR M-1 ADVANCED MILDEW TREATMENT, EPA HAS REASON TO BELIEVE THAT THIS PRODUCT, EPA REG NO 5383-74-89288, IS MISBRANDED IN THAT (1) THE SUBMITTED LABEL IS NOT THE SAME AS THAT OF THE APPROVED REGISTERED PRODUCT LABEL AS REQUIRED UNDRE 40 CFR 152.132(d), IN PARTICULAR, THE EPA-APPROVED LABEL REQUIRES THAT THE LABEL BEAR THE SIGNAL WORD DANGER, HOWEVER, THE PRODUCT LABEL SUBMITTED TO THE GA DEPT OF AGRICULTUR LISTS TWO SIGNAL WORDS CAUTION AND DANGER , (2) THE DIRECTIONS FOR USE ON THE LABEL ARE NOT THE SAME AS THOSE REQUIRED BY EPA FOR THE REGISTERED PRODUCT AND (3) THE LABEL SUBMITTED OT THE GA DEPT OF AGRICULTURE FOR THE PRODUCT DOES NOT PROMINENTLY PLACE THE INGREDIENT STATEMENT, SIGNAL WORD, AND CHILD HAZARD WARNING ON THE FRONT PANEL OF THE LABEL AS REQUIRED BY 40 CFR 156.10(g)(2), 156.64 AND 156.66. ORDER: RESPONDENT IS HEREBY ORDER TO STOP ANY FURTHER DISTRIBUTION, SALE, USE OR REMOVAL OF THE THE PRODUCTS. RESPONDENT IS HEREBY ORDER TO STOP ANY FURTHER DISTRIBUTION, SALE, USE OR REMOVAL OF THE FOLLOWING MISBRANDED PESTICIDE PRODUCT: M-1 ADVANCED MILDEW TREATMENT, EPA REG. NO. 5383-74-89288.

Defendants (1)

• D-MAND BETTER PRODUCTS, LLCNamed in settlement

Facilities (1)

• PAKMAIL / D-MAND BETTER PRODUCTS, LLC

  4920 ATLANTA HIGHWAY, ALPHARETTA, GA, 30004

  Registry ID: 110054080178

Statutes cited

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

Enforcement conclusions (1)

• D-MAND BETTER PRODUCTS, LLCentered 2012-07-25

  Primary law: FIFRA

Timeline (2 milestones)

• 2012-07-25Final Order Issued
• 2012-09-14Enforcement Action Data Entered