EPA v. Mission Essentials, LLC

Case summary

FIFRA NOW: 12/02/2024 Mission Essentials, LLC FIFRA Notice of Warning Case File No. FIFRA-04-2025-3504 The U.S. Environmental Protection Agency has obtained evidence indicating that Mission Essentials, LLC (hereinafter Mission Essentials) appears to be in violation of, or have committed violations of, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On September 5, 2024, an inspector authorized by the EPA conducted an inspection at Mission Essentials located at 295 Seven Farms Drive, Suite 216-C, Charleston, South Carolina 29492. The inspection revealed that Mission Essentials sold and distributed the product Fight Back. This product bore a label with claims to deter and repel mosquitos, gnats, and other insects, and is a pesticide as defined under FIFRA Section 2(u), 7 U.S.C. ? 136(u) in that the product contained a substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest. The label also stated that Fight Back qualified as a minimum risk pesticide and exempt from registration under FIFRA 25(b). The EPA observed that three of the active ingredients of Fight Back, including Rose Geranium Oil, Lemon Eucalyptus, and Litsea, were not permitted for use in minimum risk pesticides per 40 CFR 152.25(f)(1). As Fight Back did not meet the conditions of a minimum risk pesticide, the EPA determined that the product was a pesticide requiring registration. Pursuant to FIFRA Section 3(a), 7 U.S.C. ? 136a(a), no person in any State may distribute or sell to any person any pesticide that is not registered under FIFRA, except as may be specified elsewhere under FIFRA. At the time of the inspection, Fight Back was documented as having been sold or distributed without being registered as a pesticide with the EPA. As set forth in FIFRA Section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), it is unlawful to distribute or sell any pesticide that is not registered under FIFRA Section 3, except to the extent that distribution or sale otherwise has been authorized by the Administrator under FIFRA.

Defendants (1)

• Mission Essentials, LLCNamed in settlement

Facilities (1)

• MISSION ESSENTIALS, LLC

  295 SEVEN FARMS DRIVE, SUITE 216-C, CHARLESTON, SC, 29492

  Registry ID: 110071876160

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Mission Essentials, LLCentered 2024-12-02

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-12-02Enforcement Action Closed
• 2024-12-02Final Order Issued
• 2024-12-05Enforcement Action Data Entered