EPA v. WORTHY PROMOTIONAL PRODUCTS, LLC

Case summary

1/24/2024 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ALLEGED VIOLATIONS: DURING THE JUNE 6, 2023, EPA INSPECTION CONDUCTED AT THE FACILITY LABELS AND RECORDS WERE COLLECTED FOR SPECEIFIED PRODUCT. THE LABEL?S REGISTRATION NUMBER SIGNIFIED THAT THE PRODUCT WAS BEING SOLD AS A DISTRIBUTOR PRODUCT PURSUANT TO A SUPPLEMENTAL DISTRIBUTION AGREEMENT; HOWEVER, RESPONDENT WAS UNABLE TO PROVIDE EVIDENCE OF HAVING ENTERED INTO A SUPPLEMENTAL DISTRIBUTOR AGREEMENT WITH THE REGISTERED COMPANY NOR WAS A SUPPLEMENTAL DISTRIBUTOR STATEMENT FOUND IN EPA?S INTERNAL DATABASE. RESPONDENT ADVISED THE INSPECTORS THAT AFTER PURCHASING PRODUCT FROM A FOREIGN MANUFACTURER, IT LEARNED THAT THE EPA REGISTRATION NUMBER THAT APPEARED ON THE LABEL WAS FALSIFIED AND THAT THE PRODUCT WAS NOT REGISTERED WITH THE EPA AS REQUIRED BY SECTION 3 OF FIFRA. IN ADDITION, EPA OBSERVED CONTAINERS OF SANTIZING WIPES WITH LABELS AND ONLINE MARKETING CLAIMS MADE FOR PESTICIDAL CLAIMS. EPA ALLEGES THAT THE SALE, DISTRIBUTION, OR OFFER FOR SALE OF THE UNREGISTERED PESTICIDES ARE UNLAWFUL ACTS IN VIOLATION OF SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), AND THAT FURTHER SALE OR DISTRIBUTION OF THESE PESTICIDES IN THE UNITED STATES, EXCEPT IN COMPLIANCE WITH THIS SSURO AND THE REQUIREMENTS OF FIFRA, WOULD VIOLATE FIFRA.

Defendants (1)

• Worthy Promotional ProductsNamed in settlement

Facilities (1)

• WORTHY PROMOTIONAL PRODUCTS

  1700 CENTRAL PLANK ROAD, WETUMPKA, AL, 36092

  Registry ID: 110070890611

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• WORTHY PROMOTIONAL PRODUCTS, LLCentered 2024-01-24

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-01-24Final Order Issued
• 2024-02-09Enforcement Action Closed
• 2024-03-11Enforcement Action Data Entered