EPA v. Midlab, Inc.

Case summary

FIFRA NOW: 11/26/2025 Midlab, Inc. Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act Case File No. FIFRA-04-2026-3501 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 Midlab, Inc. (hereinafter Midlab), 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 Midlab violated FIFRA Section 12(a)(1)(A) by distributing or selling unregistered pesticides. Subsequent to the inspection, a review of the DNA Bathroom Cleaner (EPA Reg. No. 10324-85-75473) and Bright Solutions DNA Cleaner (EPA Reg. No. 10324-154-75473) labels were conducted. During the review, it was found the labels included the claim, ?DNA Cleaner? and ?DNA Bathroom Cleaner.? These claims are not found on the approved label of the registered pesticide MAQUAT 86-M (10324-85) or MAQUAT 64-NHQ (10324-154). These claims suggest the products would be effective against anything with DNA. By including a false or misleading statement concerning the effectiveness of the pesticide, the pesticide is misbranded pursuant to Title 40 of the Code of Federal Regulations (C.F.R.) ? 156.10(a)(5)(ii). Since the label on the products being sold or distributed includes a misleading claim, the products do not meet the requirements of 40 C.F.R. ? 152.132(d)(1) therefore making the products unregistered. Pursuant to Section 12(a)(1)(A) of FIFRA, 7 U.S.C. ? 136j(a)(1)(A), it is unlawful for any person to distribute or sell to any person any pesticide that is not registered under Section 3 of FIFRA, 7 U.S.C. ? 136a. Pursuant to Section 12(a)(1)(A) of FIFRA, 7 U.S.C. ? 136j(a)(1)(A), it is unlawful for any person to distribute or sell to any person any pesticide that is not registered under Section 3 of FIFRA, 7 U.S.C. ? 136a. Pursuant to FIFRA Section 14, 7 U.S.C. 136j, violations of FIFRA may result in civil or criminal penalties. Civil penalties may be assessed at a rate of $24,885 per violation, as updated for inflation. See 40 C.F.R. ? 19.4. However, the EPA has determined that a NOW, in lieu of a civil penalty action, is the appropriate response for the violations of FIFRA outlined above. This NOW only resolves Midlab civil liability for the specific violations set forth above for the instances described in this NOW. The EPA has the right to institute further enforcement actions for any additional or continuing violations. The EPA may also institute further enforcement proceedings to recover appropriate relief upon obtaining evidence that any information or representations made by Respondent were false, inaccurate, or misleading. Nothing in this NOW relieves Midlab of its obligation to comply with all applicable provisions of FIFRA and other federal, state, and local laws and regulations, nor shall it constitute a waiver, suspension, or modification of the requirements of FIFRA and any regulations promulgated thereunder.

Defendants (1)

• Midlab, Inc.Named in settlement

Facilities (4)

• MIDLAB, INC.

  140 PRIVATE BRAND WAY, ATHENS, TN, 37303

  Registry ID: 110046462591

• MIDLAB, INC.

  140 PRIVATE BRAND WAY, ATHENS, TN, 37303

  Registry ID: 110046462591

• MIDLAB, INC.

  140 PRIVATE BRAND WAY, ATHENS, TN, 37303

  Registry ID: 110046462591

• MIDLAB, INC.

  140 PRIVATE BRAND WAY, ATHENS, TN, 37303

  Registry ID: 110046462591

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• Midlab, Inc.entered 2025-11-26

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-11-26Enforcement Action Closed
• 2025-11-26Final Order Issued
• 2025-12-09Enforcement Action Data Entered