EPA v. REACT CHEMICALS, INC.

Case summary

5/14/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,740, DUE IN FOUR INSTALLMENT PAYMENTS. ALLEGATIONS: ON OR ABOUT SEPT 22, 2010, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, M-1 PAINT ADDITIVE WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY THE RESPONDENT. DURING A SEPT 22, 2010, INSPECTION CONDUCTED BY EPA AT AQUA EZ, LOCATED AT 6010 WHEATON DR, ATLANTA, GA, A BULK M-1 PAINT ADDITIVE CONTAINER SHIPPED BY RESPONDENT WAS OBSERVED TO BE AFFIXED WITH A LABEL WHICH BORE THE PESTICIDAL CLAIMS M-1 ADVANCED MILDEWCIDE, AND, INHIBITS, MILDEW, MOLD, ALGAE, ON DRY FILM. THE LABEL ON THE BULK M-1 PAINT ADDITIVE PRODUCT CONTAINER STATES AND/OR IMPLIES THAT M-1 PAINT ADDITIVE IS INTENDED FOR A PESTICIDAL PURPOSE. THEREFORE, PURSUANT TO FIFRA 2(u) AND 40 CFR 152.15, THE M-1 PAINT ADDITIVE PRODUCT IS A PESTICIDE. RESPONDENT DISTRIBUTE OR SELLS PESTICIDES. PESTICIDES THAT ARE SOLD OR DISTRIBUTED IN THE U.S. ARE REQUIRED TO BE REGISTERED WITH EPA PURSUANT TO FIFRA SEC 3. AT THE TIME OF INSPECTION, M-1 PAINT ADDITIVE WAS NOT REGISTERED AS A PESTICIDE WITH EPA. THE INSPECTOR DOCUMENTED AT LEAST ONE SALE AND/OR DISTRIBUTION OF SAID PESTICIDE TO AQUA EZ LOCATED IN ATLANTA, GA ON OR ABOUT SEPT 13, 2010. UNDER FIFRA 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUT OR SELL TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3. RESPONDENT VIOLATED FIFRA 12(a)(1)(A) ON AT LEAST ONE OCCASION. DURING THE AFOREMENTIONED INSPECTION OF RESPONDENT'S FACILITY, EVIDENCE WAS OBTAINED DOCUMENTING THAT THE M-1 PAINT ADDITIVE PRODUCT SOLD OR DISTRIBUTED BY RESPODNENT ON OR ABOUT SEPT 13, 2010 TO AQUA EZ WAS MISBRANDED. ACCORDING TO FIFRA 2(a)(1)(A), A PESTICIDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION RELATIVE THERETO WHICH IS FALSO OR MISLEADING IN ANY PARTICULAR. AT THE TIME OF THE SALE AND/OR DISTRIBUTION, THE M-1 PAINT ADDITIVE WAS MISBRANDED IN THAT ITS LABELING INCLUDED THE NAME AND IMAGE OF ANOTHER PESTICIDE. SPECIFICALLY, THE LABEL FOR THE M-1 PAINT ADDITIVE PRODUCT BORE THE NAME OF, AND A PICTURE DEPICTING, THE THEN CANCELED PESTICIDE M-1 ADVANCED MILDEWCIDE, AND INCLUDED THE EPA REGISTRATION NUMBER 1529-41-21346, WHICH HAD BEEN CANCELED. AS SUCH, THE LABELING FOR THE M-1 PAINT ADDITIVE BORE FALSE AND MISLEADING INFO, AND THUS THIS PRODUCT WAS MISBRANDED. UNDER FIFRA 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL ANY PESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOLATED 12(a)(1)(E) ON AT LEAST ONE OCCASION.

Defendants (1)

• REACT CHEMICALS, INC.Named in complaintNamed in settlement

Facilities (1)

• REACT CHEMICALS, INC.

  2000 SULLIVAN RD., SUITE F, COLLEGE PARK, GA, 30337

  Registry ID: 110054073907

Statutes cited

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

Enforcement conclusions (1)

• REACT CHEMICALS, INC.entered 2013-05-14

  Primary law: FIFRA

  Federal penalty: $7,740

Timeline (4 milestones)

• 2013-05-14Complaint Filed/Proposed Order
• 2013-05-14Final Order Issued
• 2013-05-16Enforcement Action Data Entered
• 2014-05-22Enforcement Action Closed