EPA v. INDUSCO, LTD.

Case summary

9/17/13 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ON OR ABOUT SEPT 6, 2013 AND SEPT 9, 2013, IN INSPECTOR AUTHORIZED BY EPA REVIEWED RESPONDENT'S WEBSITE LOCATED AT 222.INDUCSOLTD.COM. DURING THE REVIEW, THE INSPECTOR DOCUMENTED RESPONDENT'S WEBSITE ADVERTISING FOR THE PESTICIDE BIOSHIELD 75, WHICH IS ASSIGNED EPA REG NUMBER 53053-7. DURING THE REVIEW, THE INSPECTOR DOCUMENTED BIOSHIELD 75 AS BEING OFFERED FOR SALE BY RESPONDENT AS THAT TERM IS IS DEFINED IN SECTION 2(gg) OF FIFRA. RESPONDENT DISTRIBUTED OR SELLS PESTICIDES. THE TERM TO DISTRIBUTE OR SELL AS DEFINED BY FIFRA SECTION 2(gg) OF FIFRA, INCLUDES TO DISTRIBUTE, SELL, OR OFFER FOR SALE, HOLD FOR DISTRIBUTION, HOLD FOR SALE, HOLD FOR SHIPMENT, SHIP, DELIVER FOR SHIPMENT OR RELEASE FOR SHIPMENT. BIOSHIELD 75 IS A PESTICIDE IN THAT IT IS A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED OR PREVENTING, DESTROYING, REPELL, OR MITIGATING ANY PEST. PURSUANT TO 40 CFR 152.130(a), A REGISTRANT MAY DISTRIBUTE OR SELL A REGISTERED PRODUCT WITH THE COMPOSITION, PACKAGING AN DLABELING CURRENTLY APPROVED BY THE EPA. BIOSHIELD 75 IS A PESTICIDE REGISTERED FOR USE ONLY AS A MICRO BIOSTATIC AGENT THAT INHIBITS THE GROWTH OF ODOR CAUSING AND STAIN CAUSING BACTERIA AND FUNGI, AS WELL AS ALGAE. THE REGISTRATION DOCUMENTS AND LABEL ACCEPTED BY THE EPA FOR EPA REG. NO. 53053-7, DO NOT INCLUDE ANY PUBLIC HEALTH OR FOOD CONTACT USES. THE EPA ACCEPTED LABEL INCLUDES THE STATEMENTS: THIS PRODUCT DOES NOT PROTECT USERS OR OTHERS AGAINST ANY FOOD-BORNE OR DISEASE CAUSING BACTERIA OR FUNGI, AND DO NOT USE IN ANY APPLICATION INVOLVING DIRECT OR INDIRECT FOOD OR DRINKING WATER CONTACT. RESPONDENT'S WEBSITE INCLUDES A SECTION TITLED BIOSHIELD 75 ACTIVE PARTIAL LIST OF MICROBIAL CONTROL, WHICH INCLUDES IN THE LIST THE FOOD-BORNE AND DISEASE-CAUSING BACTERIA STAPHYLOCOCCUS AUREUS, ESCHERICHIA COLI, MYCOBACTERIUM TUBERCULOSUS AND PSEUDOMONAS AERUGINOSA, AMONG OTHERS, WHICH ARE NOT INCLUED ON THE EPA ACCEPTED LABEL. FURTHER, RESPONDENT'S WEBSITE INCLUDES A SECTOIN TITLED, FOOD SERVICE BROCHURE, WHICH INCLUDES THE CLAIM USDA ACCEPTED ON FOOD CONTACT SURFACE, IN ADDITION TO LIST OF FOOD CONTACT AREAS INCLUDING PREP AREAS, CUTTING BOARDS AND SLICER, WHICH ARE NOT INCLUDED ON THE EPA ACCEPTED LABEL. RESPONDENT'S WEBSITE ALSO CONTAINS A SECTION TITLED APPLICATION SUGGESTIONS, WHICH INCLUDES THE CLAIMS PROTECTS AGAINST MICROBIAL COLONIZATION, AND CONTROL MICROBES, ... WHICH ARE NOT INCLUDED ON THE EPA ACCEPTED LABEL. RESPONDENT'S WEBSITE ADVERTISED BIOSHIELD 75 FOR USE AGAINST FOOD-BORNE AND DISEASE CAUSING BACTERIA AND FUNGI, AS WELL AS FOOD CONTACT USES, ALL OF WHICH WERE SUBSTANTIALLY DIFFERENT FROM THE FIFRA SEC 3 REGISTRATION DOCUMENTS AND EPA ACCEPTED LABEL. ORDER REQUIRES: RESPONDENT IS ORDER NOT TO DISTRIBUTE, SELL, USE OR REMOVE ANY BIOSHIELD 75 THAT IS IN VIOLATION OF FIFRA. RESPONDENT MAY DISTRIBUTE, SELL, USE OR REMOVE ANY BIOSHIELD 75 THAT COMPLIES WITH FIFRA INCLUDE ADVERTISING IF THE CLAIMS DO NOT DIFFER FROM THE EPA ACCEPTED LABEL AND STATEMENTS MADE IN CONNECTION WIT THE REGISTRATION OF THE PRODUCT.

Defendants (1)

• INDUSCO, LTD. (SB)Named in settlement

Facilities (1)

• INDUSCO LTD

  2319 JOE BROWN DR, GREENSBORO, NC, 274053960

  Registry ID: 110000346545

Statutes cited

• FIFRA 12A1B — Claim Difference

Enforcement conclusions (1)

• INDUSCO, LTD.entered 2013-09-17

  Primary law: FIFRA

Timeline (3 milestones)

• 2013-09-17Final Order Issued
• 2013-09-21Enforcement Action Data Entered
• 2018-04-04Enforcement Action Closed