EPA v. Textile Rubber and Chemical Company

Case summary

FIFRA NOW: Textile Rubber and Chemical Company Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2025-3533 The U.S. Environmental Protection Agency regulates the registration, distribution, sale and use of pesticide products pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA or the Act), as amended, 7 U.S.C. ?? 136 et seq. The EPA is issuing this Notice of Warning (NOW) to Textile Rubber and Chemical Company (hereinafter Textile Rubber), pursuant to Section 14(a)(4)] of FIFRA, 7 U.S.C. ? 136l(a)(4)], which provides the EPA with the authority to issue a NOW. As explained below, the EPA finds that Textile Rubber violated FIFRA Section 12(a)(1)(E) by distributing or selling misbranded pesticides. Summary of Facts On March 27, 2024, an authorized representative of the EPA conducted an inspection at Textile Rubber. During the inspection, the inspector took photographs of Dustmite & Flea Control (EPA Reg. No. 67419-1) packaged and ready for shipment and collected five sale and distribution records documenting the sale or distribution on January 3, 2024, March 11, 2024, October 30, 2023, October 26, 2023, December 19, 2023. The inspector collected the current label for DustmiteX (EPA Reg. No. 67419-4) used on products that are distributed from this facility and five sale and distribution records documenting the sale or distribution on January 12, 2024, October 30, 2023, October 26, 2023, February 5, 2024, February 13, 2024. A review was conducted of the Anti-Allergen Solution product label collected during the inspection. During the inspection, it was stated that the label is representative of the label on the product when it is sold or distributed. The label includes the following claims, ?The Ecology Works Anti-Allergen Solution is your go-to solution for neutralizing allergens? and ?eliminates allergens?. The claims appearing on the label of Anti-Allergen Solution appear to indicate that the product was intended for use as pesticides, and as such, this product is a pesticide pursuant to Title 40 of the Code of Federal Regulations (C.F.R.) ? 152.15, and as defined in Section 2(u) of FIFRA, 7 U.S.C. ? 136(u). Based on a review of EPA records, Anti-Allergen Solution is not a pesticide that have been registered with the EPA. Pursuant to FIFRA Section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), it is unlawful for any person to distribute, sell, or offer for sale to any person any pesticide that is not registered under section 3 or whose registration has been canceled or suspended. Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E), it is unlawful for any person in any State to distribute or sell to any person any pesticide which adulterated or misbranded.

Defendants (1)

• Textile Rubber and Chemical CompanyNamed in settlement

Facilities (1)

• TEXTILE RUBBER AND CHEMICAL COMPANY (VITAL SOLUTIONS BOTTLING DIV.)

  125 NANCE RD NE, CALHOUN, GA, 30701

  Registry ID: 110070827647

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Textile Rubber and Chemical Companyentered 2025-09-12

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-09-12Enforcement Action Closed
• 2025-09-12Final Order Issued
• 2025-09-15Enforcement Action Data Entered