EPA v. Swimming Pool Outlet, Inc.

Case summary

11/29/2023: FIFRA NOTICE OF WARNING The U.S. Environmental Protection Agency has obtained evidence indicating that Swimming Pool Outlet, Inc. (hereinafter SPO) appears to be in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On February 25, 2022, an inspector authorized by the EPA conducted an inspection at SPO?s facility located at 7540 S. Military Trail Lake Worth, Florida 33464 to determine compliance with FIFRA and the regulations promulgated thereunder. The inspection revealed that SPO appeared to be repackaging and holding for sale or distribution Ultra Chlor Sodium Hypochlorite (EPA Reg. No. 72122-20002) with a misbranded label. The inspector observed that the label applied to the repackaged Ultra Chlor Sodium Hypochlorite product was missing an accurate ingredient statement and adequate directions for use which are necessary for effecting the purpose for which the product is intended and to protect health and the environment, as the language differed in multiple ways from the EPA-approved master label for the registered product (Ultra Chlor Sodium Hypochlorite; EPA Reg. No. 72122-20002; label approval date March 23, 2018). Pursuant to Section 2(q)(1)(F) of FIFRA, a pesticide is misbranded if the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under section 3(d) of this Act, are adequate to protect health and the environment. Further, pursuant to 40 C.F.R. ? 156.10(i)(1)(i), every pesticide product shall bear a label containing the information specified by the Act and the regulations in this part, including directions for use that, when followed, must be adequate to protect the public from fraud and from personal injury and to prevent unreasonable adverse effects on the environment. Based on the discrepancies in bullets one through four above, the Ultra Chlor Sodium Hypochlorite distributed or sold by SPO was misbranded pursuant to Section 2(q)(1)(F) of FIFRA. Pursuant to 40 C.F.R. ? 156.10(g)(5), the percentages given in the ingredient statement shall be as precise as possible reflecting good manufacturing practice. If there may be unavoidable variation between manufacturing batches, the value stated for each active ingredient shall be the lowest percentage which may be present. Due to the expected degradation of the active ingredient, sodium hypochlorite, Ultra Chlor Sodium Hypochlorite may be over-formulated at the time of manufacture. However, because the label shall only show the lowest percentage which may be present according to the product?s registration, the label must show the active ingredient being 10%. Based on the discrepancy in bullet five, the Ultra Chlor Sodium Hypochlorite distributed or sold by SPO was misbranded pursuant to Section 2(q)(1)(A) of FIFRA.

Defendants (1)

• Swimming Pool Outlet, Inc.Named in settlement

Facilities (1)

• SWIMMING POOL OUTLET, INC.

  7540 S MILITARY TRAIL, LAKE WORTH, FL, 33463

  Registry ID: 110038261216

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Swimming Pool Outlet, Inc.entered 2023-11-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-11-29Final Order Issued
• 2023-11-29Enforcement Action Closed
• 2024-01-10Enforcement Action Data Entered