EPA v. Lost River Naturals

Case summary

FIFRA NOW: 5/9/2025 Lost River Naturals FIFRA Notice of Warning Case File No. FIFRA-04-2025-3511 The U.S. Environmental Protection Agency has obtained evidence indicating that Lost River Naturals (hereinafter Lost River) appears to be in violation of, or have committed violations of, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On April 8, 2025, the EPA reviewed the Lost River website https://lostrivernaturals.com/. When looking at the website page for Herbal Bug Spray (https://lostrivernaturals.com/product/herbal-bug-spray/) the EPA observed Herbal Bug Spray offered for sale. The Lost River website for Herbal Bug Spray included an ?Add to cart? button and a ?Place order? button. On website pages containing the product, Herbal Bug Spray was described as an ?insect repellent? and the ?remedy for annoying bugs?, 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 EPA observed that certain Herbal Bug Spray ingredients, such as Lemon Eucalyptus, Patchouli, and Lavender, do not appear in 40 CFR 152.25(f)(1) Table 1 ? Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products, nor do they appear to be a permitted inert ingredient pursuant to 40 CFR 152.25(f)(2). As such, the ingredients are not permitted for use in minimum risk pesticides per 40 CFR 152.25(f)(1). The Herbal Bug Spray label on the website did not appear to identify the label display name and percentage (by weight) of each active ingredient or list all inert ingredients by the label display name pursuant to 40 CFR 152.25(f)(3)(i). 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, Herbal Bug Spray 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. In response to the potential violation of FIFRA at the facility, the EPA is issuing this Notice of Warning (NOW) to Lost River pursuant to FIFRA Section 9(c)(3), 7 U.S.C. ? 136g(c)(3). The EPA has determined at this time that a NOW is the appropriate enforcement response for the company?s apparent violation of FIFRA, provided that within 30 days of the receipt of this NOW, you or another authorized official of Lost River submits a signed statement indicating that compliance with FIFRA has been achieved and identifying the action or actions taken to achieve compliance with the requirements set forth above. If this statement is not submitted and/or compliance is not achieved, the EPA may initiate a more formal enforcement action which could include the filing of a complaint and the assessment of a civil penalty.

Defendants (1)

• Lost River NaturalsNamed in settlement

Facilities (1)

• LOST RIVER NATURALS

  2317 ASHLEY RIVER ROAD, CHARLESTON, SC, 29414

  Registry ID: 110072071740

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Lost River Naturalsentered 2025-05-09

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-05-09Enforcement Action Closed
• 2025-05-09Final Order Issued
• 2025-09-05Enforcement Action Data Entered