EPA v. WALMART, INC

Case summary

2/21/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $49,500. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: UPON REVIEW OF THE PRODUCT LABELS SUBMITTED BY EXPEDITORS INTERNATIONAL OF WASHINGTON, INC. (EXPEDITORS), THE LICENSED CUSTOMS BROKER FOR WALMART, FOR ENTRY VIA THE U.S. CUSTOMS AND BORDER PROTECTION?S (CBP) SYSTEM, THE EPA DETERMINED THAT THE LABELS FOR THE FOLLOWING SHIPMENTS DID NOT MATCH THE OPERATIVE EPA-ACCEPTED LABEL. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(E) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(E), BY DISTRIBUTING AND SELLING MISBRANDED PESTICIDES. 1. ENTRY FILED ON OR AROUND FEBRUARY 21, 2023, FOR IMPORTATION OF SHIPMENT AT THE PORT OF MOBILE, ALABAMA (PORT CODE 1901) THAT ARRIVED ON OR AROUND MARCH 1, 2023. 2. ENTRY FILED ON OR AROUND MARCH 14, 2023, FOR THE IMPORTATION OF SHIPMENT AT THE PORT OF SAVANNAH, GEORGIA (PORT CODE 1703) THAT ARRIVED ON OR AROUND MARCH 21, 2023. 3. ENTRY FILED BETWEEN MARCH 8 - 20, 2023, FOR THE IMPORTATION OF SHIPMENTS AT THE PORT OF MOBILE, ALABAMA (PORT CODE 1901) AND PORT OF CHARLESTON, SOUTH CAROLINA (PORT CODE 1601) THAT AT ARRIVED ON BETWWEN MARCH 23, 2023 ? APRIL 6, 2023. 4. ENTRY FILED ON ABOUT APRIL 7, 2023, BY UPS CUSTOMS BROKERAGE, ON BEHALF OF WALMART, THE IMPORTATION OF SHIPMENTS AT THE PORT OF MOBILE, ALABAMA (PORT CODE 1901) THAT ARRIVED ON OR AROUND APRIL 4, 2023.

Defendants (1)

• WALMART, INCNamed in complaintNamed in settlement

Facilities (3)

• SERVICE PORT - CHARLESTON

  200 EAST BAY STREET, CHARLESTON, SC, 29401

  Registry ID: 110032609684

• PORT OF MOBILE

  150 NORTH ROYAL STREET, SUITE 3004, MOBILE, AL, 36602

  Registry ID: 110071654931

• PORT OF SAVANNAH

  139 SOUTHERN BLVD, SAVANNAH, GA, 31405

  Registry ID: 110071467956

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• WALMART, INCentered 2024-02-21

  Primary law: FIFRA

  Federal penalty: $49,500

Timeline (4 milestones)

• 2024-02-21Final Order Issued
• 2024-02-21Complaint Filed/Proposed Order
• 2024-02-28Enforcement Action Data Entered
• 2024-03-06Enforcement Action Closed