EPA v. MOHAWK CARPET DISTRIBUTION, LLC

Case summary

May 14, 2026 - Consent Agreement On or about February 9, 2022, an authorized representative of the EPA conducted an inspection at Respondent's Facility. On or around March 9, 2022, the Respondent provided copies of invoices showing the distribution of Pergo Defense+ products between January 14, 2022, and February 7, 2022. The Pergo Defense+ product line was available in various colors and in the following materials: Laminate, Luxury Vinyl Tile (LVT), and Engineered Wood. The inspector collected photographs of Pergo Defense+ Laminate (Laminate Product), as it was packaged and ready for shipment. Additionally, the inspector collected copies of advertising material for the Laminate Product and Pergo Defense+ LVT (LVT Product), along with a product label for the Laminate Product. On or around April 10, 2024, the EPA issued Respondent an Opportunity to Show Cause and Information Request Letter requesting that Respondent provide additional information for certain products of interest. Specifically, the EPA requested copies of any and all iterations of the labels and labeling for three product line sold or distributed by Respondent, including the Pergo Defense + product line, from February 3, 2022, to the issuance date of the letter. It was further requested that Respondent provide sale or distribution records for each of the product lines from February 3, 2022, to the issuance date of the letter. Respondent provided the requested information on April 24, 2024. On or around April 24, 2024, Respondent provided the EPA with labels and labeling, including the cartons, SKU labels, and slipsheets for the Laminate Product and the LVT Product, in various styles (e.g. color, plank dimension, material). A review of the Laminate Product label and labeling for the products sold in stores, provided by Respondent, was conducted. A review of the LVT Product label and labeling for the products sold in stores and via special order, provided by Respondent, was conducted. On or between September 19, 2024, and September 23, 2024, Respondent provided the EPA with sales records for the products that were sold or distributed with the labels and labeling identified above. Sales records provided by Respondent demonstrate that it sold or distributed the Laminate Product on one or more occasions between February 10, 2022, and February 23, 2022, in stores, and between February 3, 2022, and February 18, 2022, via special order. Sales records provided by Respondent demonstrate that it sold or distributed the LVT Product on one or more occasions between February 7, 2022, and April 9, 2024, in stores, and between February 3, 2022, and April 21, 2022, via special order. The EPA alleges that, based on the claims found on the labels, labeling, and the advertising materials for the Laminate Product and the LVT Product, both products are intended for a pesticidal purpose. In addition, the products are not covered by the treated articles exemption due to the use of public health claims, implicitly or explicitly, that go beyond the protection the product itself. The EPA alleges that, because the Laminate Product and LVT Product make pesticidal claims and are not covered by the treated articles exemption, the products are considered to be pesticides as defined in Section 2{u) of FIFRA, 7 U.S.C 136{u), and must be registered pursuant to Section 3 of FIFRA, 7 U.S.C. 136a{u). 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 Laminate Product and LVT Product without a registration, on one or more occasions between February 3, 2022, and April 9, 2024, as outlined in Section IV of this CAFO. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of ONE HUNDRED FIFTY-FOUR THOUSAND EIGHT HUNDRED DOLLARS ($154,800.00), which is to be paid within thirty (30) days of the Effective Date of this CAFO.

Defendants (1)

• MOHAWK CARPET DISTRIBUTION, LLCNamed in complaintNamed in settlement

Facilities (1)

• MOHAWK CARPET DISTRIBUTION LLC - UNILIN FLOORING - THOMASVILLE

  550 CLONIGER DRIVE, THOMASVILLE, NC, 27360

  Registry ID: 110072219441

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• MOHAWK CARPET DISTRIBUTION, LLCentered 2026-05-14

  Primary law: FIFRA

  Federal penalty: $154,800

Timeline (3 milestones)

• 2026-05-14Complaint Filed/Proposed Order
• 2026-05-14Final Order Issued
• 2026-07-08Enforcement Action Data Entered