EPA v. VITAL SOLUTIONS, LLC

Case summary

6/8/2021 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $31,400.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON OR AROUND OCTOBER 28, 2019, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT FILL-PAC, LLC, A CONTRACT MANUFACTURER FOR VIAL SOLUTIONS, THAT PRODUCES, PACKAGES, AND DISTRIBUTES SEVERAL VITAL SOLUTIONS PESTICIDE PRODUCTS. VITAL SOLUTIONS IS THE REGISTRANT FOR BOTH PRODUCTS. THE INSPECTION CONFIRMED THAT BETWEEN AUGUST 24, 2017 AND OCTOBER 22, 2019, VITAL SOLUTIONS SOLD AND DISTRIBUTED ON AT LEAST 19 OCCASSIONS PESTICIDE PRODUCTS WHICH LABELS FAILED TO BEAR ADEQUATE DIRECTIONS FOR USE NECESSARY FOR EFFECTING THE PURPOSE FOR WHICH THE PRODUCTS WERE INTENDED. EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)( E) OF FIFRA, 7 U.S.C. ? 136J(A)(1)( E), ON AT LEAST NINETEEN (19) OCCASIONS BY SELLING AND DISTRIBUTING, AND HOLDING FOR SALE MISBRANDED PESTICIDES, AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF A CIVIL PENALTY UNDER SECTION 14(A) OF FIFRA, 7 U.S.C. ? 136L(A). SECTION 14(A) OF FIFRA, 7 U.S.C. ?136L(A), IN CONJUNCTION WITH 40 C.F.R. PART 19, ADJUSTMENTS OF CIVIL MONETARY PENALTIES FOR INFLATION, AUTHORIZES THE ASSESSMENT OF A CIVIL PENALTY.

Defendants (1)

• VITAL SOLUTIONS, LLCNamed in complaintNamed in settlement

Facilities (1)

• VITAL SOLUTIONS, LLC

  3755 FISCAL COURT, SUITE 2, WEST PALM BEACH, FL, 33404

  Registry ID: 110071063925

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• VITAL SOLUTIONS, LLCentered 2021-06-08

  Primary law: FIFRA

  Federal penalty: $31,400

Timeline (4 milestones)

• 2021-06-08Final Order Issued
• 2021-06-08Complaint Filed/Proposed Order
• 2021-06-15Enforcement Action Closed
• 2021-07-07Enforcement Action Data Entered