EPA v. BRANDARMOR TECHNOLOGIES, LLC

Case summary

11/26/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $100,890.00 PENALTY DUE WITHIN SIX (6) MONTHS. ALLEGED VIOLATIONS: ON OR AROUND MARCH 20, 2023, THE EPA REVIEWED RESPONDENT?S WEBSITE AND OBSERVED THAT A PRODUCT WAS BEING ADVERTISED THEREON WITH PESTICIDAL CLAIMS. ON MAY 2, 2023, THE EPA CONDUCTED AN INSPECTION AT THE FACILITY DURING WHICH THE INSPECTOR COLLECTED THE PRODUCT LABEL AND RECORDS SHOWING THAT THE PRODUCT WAS SOLD AND DISTRIBUTED ON SEVERAL OCCASIONS BETWEEN APRIL 6, 2021, AND MARCH 16, 2023. THE LABEL COLLECTED FOR THE PRODUCT DISPLAYED RESPONDENT?S WEBSITE. THEREFORE, THE WEBSITE IS CONSIDERED TO BE LABELING FOR THAT PRODUCT PURSUANT TO SECTION 2(P)(2)(B) OF FIFRA, 7 U.S.C. ? 136(P)(2)(B). AT THE TIME OF THE DISTRIBUTION AND SALES MEMORIALIZED BY THE RECORDS THE PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA. THE INSPECTOR ALSO OBSERVED AND DOCUMENTED THAT RESPONDENT WAS PRODUCING THE PRODUCT ONSITE AT THE FACILITY. AT THE TIME OF THE INSPECTION, THE FACILITY WAS NOT REGISTERED AS AN ESTABLISHMENT WITH THE EPA. RESPONDENT THEREFORE PRODUCED A PESTICIDE IN AN UNREGISTERED ESTABLISHMENT. THE INSPECTOR ALSO COLLECTED THE LABEL FOR ANOTHER PRODUCT WHICH INCLUDED THE CLAIM THAT THE PRODUCT WAS ?ANTIMICROBIAL.? THE PRODUCT LABELING; THE RESPONDENT?S STATEMENT AFTER THE INSPECTION; AND WEBSITE CLAIMS ALL DEMONSTRATE THAT THE PRODUCT IS CONSIDERED TO BE INTENDED FOR A PESTICIDAL PURPOSE AND WAS THEREFORE A PESTICIDE THAT WAS REQUIRED TO BE REGISTERED BEFORE BEING DISTRIBUTED OR SOLD, PURSUANT TO SECTION 3 OF FIFRA, 7 U.S.C. ? 136A(A). ON OR AROUND AUGUST 30, 2023, THE EPA RECEIVED INFORMATION FROM RESPONDENT CONFIRMING THAT RESPONDENT HAD DISTRIBUTED THE PRODUCT ON AT LEAST ONE OCCASION ON OR AROUND OCTOBER 28, 2020. ON THE DATE OF ITS DISTRIBUTION THE PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA. THIS DISTRIBUTION WAS THEREFORE THE DISTRIBUTION OF AN UNREGISTERED PESTICIDE. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), BY SELLING AND DISTRIBUTING UNREGISTERED PESTICIDES ON MULTIPLE OCCASIONS BETWEEN APRIL 6, 2021, AND MARCH 16, 2023, AND ANOTHER UNREGISTERED PESTICIDE ON AT LEAST ONE OCCASION, AS DESCRIBED IN SECTION IV. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(2)(L) OF FIFRA, 7 U.S.C. ? 136J(A)(2)(L), BY PRODUCING PESTICIDES IN AN ESTABLISHMENT THAT WAS NOT REGISTERED PURSUANT TO 40 C.F.R. ? 167.20(A)(1), IN VIOLATION OF SECTION 7 OF FIFRA, 7 U.S.C. ? 136E(A), AS DESCRIBED IN SECTION IV.

Defendants (1)

• BRANDARMOR TECHNOLOGIES, LLCNamed in complaintNamed in settlement

Facilities (1)

• BRANDARMOR

  839 PICKENS INDUSTRIAL DRIVE, MARIETTA, GA, 30061

  Registry ID: 110071407738

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BRANDARMOR TECHNOLOGIES, LLCentered 2024-11-26

  Primary law: FIFRA

  Federal penalty: $100,890

Timeline (3 milestones)

• 2024-11-26Complaint Filed/Proposed Order
• 2024-11-26Final Order Issued
• 2024-12-02Enforcement Action Data Entered