EPA v. THE ECOLOGY WORKS, INC.

Case summary

FIFRA NOW: 12/17/2025 The Ecology Works, Inc. Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-3512 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 The Ecology Works, Inc. (hereinafter Ecology Works), 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 Ecology Works violated FIFRA Section 12(a)(1)(A) by distributing or selling an unregistered pesticide and FIFRA Section 12(a)(1)(E) by distributing or selling misbranded pesticides. On June 6, 2025, the Florida Department of Agriculture and Consumer Services conducted an inspection at Ecology Works located at 3755 Fiscal Court, Suite 2, West Palm Beach, Florida 33404. During the inspection, the inspector collected labels and sale and distribution records for the following products: (1) 128 oz jug of VitalOxide NSF (EPA Reg. No. 82972-1); (2) 32 oz spray bottle of DustMiteX (EPA Reg. No. 67419-4); (3) 32 oz spray bottle of Anti-Allergen Solution; and (4) 32 oz spray bottle of VitalOxide NSF (EPA Reg. No. 82972-1). Sale and distribution records demonstrate that each product was sold or distributed on one or more occasions. The EPA reviewed the collected labels and made the following observations. The labels for the Vital Oxide NSF (EPA Reg. No. 82972-1) and the DustMiteX (EPA Reg. No. 67419-4) pesticide products included EPA Est. No. 88276-GA-4. According to the EPA Section Seven Tracking System (SSTS), this Establishment Number is associated with Textile Rubber and Chemical Company (Vital Solutions Bottling Division) located in Calhoun, Georgia. The label affixed to the 128 oz jug of Vital Oxide NSF (EPA Reg. No. 82972-1) states, Manufactured by Vital Solutions PO Box 9932 West Palm Beach, Florida. The label affixed to the 32 oz spray bottle DustMiteX (EPA Reg. No. 67419-4) states Manufactured by The Ecology Works, PO Box 9922 West Palm Beach, Florida 33419. Based on the label review, the 128 oz jug of Vital Oxide NSF (EPA Reg. No. 82972-1) and the 32 oz spray bottle of DustMiteX (EPA Reg. No. 67419-4), which were distributed or sold by Ecology Works, included an incorrect name and/or address of the manufacturer, and were therefore misbranded. Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. 136j(a)(1)(E) it shall be unlawful for any person in any State to distribute or sell to any person any pesticide which is adulterated or misbranded. Therefore, Ecology Works violated Section 12(a)(1)(E) of FIFRA, 7 U.S.C. 136j(a)(1)(E), by selling or distributing the misbranded Vital Oxide NSF (EPA Reg. No. 82972-1) and DustMiteX (EPA Reg. No. 67419-4). A review of the collected label for the Anti-Allergen Solution revealed the product did not appear to be registered and did not display an EPA registration number. The collected label included the following claims, Anti-Allergen, Neutralizes allergens that come from dust mites, dog and cat dander, and eliminates allergens. These claims imply or express that the product mitigates a pest, directly or indirectly, either by itself or by removing the pest's food, food source or its habitat. Based on these claims, the Anti-Allergen Solution is intended for preventing, destroying, repelling, or mitigating any pest and is therefore a pesticide as that term is defined in Section 2(u)of FIFRA, 7 U.S.C. 136(u).

Defendants (1)

• THE ECOLOGY WORKS, INC.Named in settlement

Facilities (1)

• THE ECOLOGY WORKS, INC.

  3755 FISCAL COURT, SUITE 2, WEST PALM BEACH, FL, 33404

  Registry ID: 110072111761

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• THE ECOLOGY WORKS, INC.entered 2025-12-17

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-12-17Enforcement Action Closed
• 2025-12-17Enforcement Action Data Entered
• 2025-12-17Final Order Issued