EPA v. Nik Corp Investment Company

Case summary

11/21/2023: FIFRA NOTICE OF WARNING The U.S. Environmental Protection Agency has obtained evidence indicating that Nik Corp Investment Company appears to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On or about May 6, 2022, and May 17, 2022, an EPA authorized FIFRA inspector conducted an inspection at the Nik Corp Investment Company facility located at 7139 Plathe Road, New Port Richey, Florida 34653 to determine compliance with FIFRA and the regulations promulgated thereunder. The inspections revealed that Nik Corp Investment Company appeared to be making pesticidal claims about their product Grandpa?s Diatomaceous Earth. Specifically, the inspector observed blog posts on the website (www.grandpasdiatomaceousearth.com) which stated the product was effective at controlling ants. On or about June 6, 2022, an EPA authorized FIFRA inspector conducted an inspection at Sparr Building and Farm Supply located at 13033 NE Jacksonville Road, Sparr, Florida 32163. The marketplace was found to be selling or distributing Grandpa?s Diatomaceous Earth. The inspector documented an indoor display which included printed information about Grandpa?s Diatomaceous Earth that claimed the product was effective against ?Household Pests.? Specifically, the printed materials stated: ?For control of roaches, silverfish, ants, bedbugs, flies, fleas, box elder bugs, scorpions, crickets, and many other insects. D.E. can be used in and around the home, yard, animal housing, etc. D.E. will not harm earthworms or beneficial soil microorganisms. GREAT FOR DOG AND CAT, Safe to put on them for fleas and ticks.? Based on a review of EPA records, it does not appear that Grandpa?s Diatomaceous Earth is a pesticide that has been registered with the EPA. The term ?label? is defined in Section 2(p) of FIFRA, 7 U.S.C. ? 136(p), to mean the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. The term ?labeling? is defined in Section 2(p) of FIFRA, 7 U.S.C. ? 136(p), to mean all labels and all other written, printed, or graphic matter (a) accompanying the pesticide or device at any time; or (b) to which reference is made on the label or in literature accompanying the pesticide or device. Pursuant to Section 3 of FIFRA, 7 U.S.C. ? 136a, pesticides that are sold or distributed in the United States are required to be registered with the EPA. Pursuant to 40 C.F.R. ? 152.15, unless otherwise exempt, a substance is considered to be intended for a pesticidal purpose, and thus to be a pesticide requiring registration, if the person who distributes or sell the substance claims, states, or implies (by labeling or otherwise) that the substance can or should be used as a pesticide. Additionally, the substance is considered to be intended for a pesticidal purpose if the person who distributes or sells it has actual or constructive knowledge that the substance will be used, or is intended to be used, for a pesticidal purpose.

Defendants (1)

• Nik Corp Investment CompanyNamed in settlement

Facilities (1)

• NIK CORP INVESTMENT COMPANY

  7139 PLATHE ROAD, NEW PORT RICHEY, FL, 34653

  Registry ID: 110071642394

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Nik Corp Investment Companyentered 2023-11-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-11-21Final Order Issued
• 2023-11-21Enforcement Action Closed
• 2024-01-10Enforcement Action Data Entered