EPA v. WORTHY PROMOTIONAL PRODUCTS, LLC

Case summary

6/10/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $20,700.00 PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: ON OR ABOUT JUNE 6, 2023, THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY FOR THE PURPOSE OF EVALUATING WORTHY'S COMPLIANCE WITH FIFRA. DURING THE INSPECTION, THE EPA OBTAINED EVIDENCE THAT WORTHY WAS HOLDING IN ITS INVENTORY OF A PESTICIDE PRODUCT (DISINFECTANT SPRAY PRODUCT). THE INSPECTORS TOOK PHOTOGRAPHS OF LABEL WITH PESTICIDAL CLAIMS AS IT APPEARED AFFIXED TO THE PRODUCT DURING THE INSPECTION. ON JUNE 20, 2023, RESPONDENT PROVIDED THE EPA WITH COPIES OF AN INVOICE AND BORDER CROSSING SLIPS SHOWING RESPONDENT'S PURCHASE AND IMPORTATION OF THE PRODUCT ON ONE OR MORE OCCASIONS BETWEEN OCTOBER 2020 AND NOVEMBER 2020. ON MARCH 11, 2024, RESPONDENT PROVIDED THE EPA WITH A STATEMENT THAT IT HAD SOLD THE PRODUCT ON AT LEAST ONE OCCASION BETWEEN OCTOBER 2020 AND MARCH 2021. THE LABEL INCLUDED WHAT APPEARS TO BE A DISTRIBUTOR PRODUCT NUMBER THAT IS REGISTERED TO STEPAN COMPANY UNDER ANOTHER EPA REGISTRATION NUMBER. A SEARCH OF THE EPA DATABASES DID NOT FIND THE REGISTRATION NUMBER ON THE LABEL FOR THE PRODUCT AS A COMPANY NUMBER ASSIGNED BY THE EPA TO WORTHY OR TO ANY OTHER PESTICIDE PRODUCING COMPANY. A SEARCH OF THE EPA DATABASES DID NOT FIND ANY RECORD OF THE EPA HAVING RECEIVED A SUPPLEMENTAL DISTRIBUTOR STATEMENT FROM THE STEPAN COMPANY SIGNED BY BOTH STEPAN AND WORTHY FOR THE PRODUCT. SEPARATELY, THE EPA WAS NOTIFIED BY STEPAN COMPANY THAT IT HAD NEVER ENTERED INTO ANY SUCH DISTRIBUTOR ARRANGEMENT WITH WORTHY THAT WOULD HAVE ALLOWED FOR WORTHY TO SELL STEPAN'S REGISTERED PRODUCT UNDER A DIFFERENT NAME AS A DISTRIBUTOR PRODUCT. ON OR ABOUT SEPTEMBER 5, 2023, AND ON OR AROUND MARCH 27, 2024, THE EPA CONDUCTED A REVIEW OF RESPONDENT'S WEBSITE AND FOUND PESTICIDAL CLAIMS. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(L)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(L)(A), BY DISTRIBUTING OR SELLING THE UNREGISTERED PESTICIDE OHSO DISINFECTANT SPRAY BY IMPORTING IT ON AT LEAST ONE OCCASION BETWEEN OCTOBER AND NOVEMBER 2020, AND BY SELLING IT ON AT LEAST ONE OCCASION BETWEEN OCTOBER 2020 AND MARCH 2021, AS DESCRIBED IN THIS CAFO. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(L)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(L)(A), BY DISTRIBUTING OR SELLING, INCLUDING OFFERING FOR SALE, THE UNREGISTERED PESTICIDE SANITIZER HAND WIPES ANTIBACTERIAL ON AT LEAST TWO OCCASIONS, INCLUDING SEPTEMBER 5, 2023, AND MARCH 27, 2024, AS DESCRIBED IN THIS CAFO.

Defendants (1)

• WORTHY PROMOTIONAL PRODUCTS, LLCNamed in complaintNamed 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 2025-06-10

  Primary law: FIFRA

  Federal penalty: $20,700

Timeline (3 milestones)

• 2025-06-10Complaint Filed/Proposed Order
• 2025-06-10Final Order Issued
• 2025-06-16Enforcement Action Data Entered