EPA v. Port of Mobile - 1901 Better Choice Brands LLC

Case summary

FIFRA NOW: 3/3/2026 Better Choice Brands LLC Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act Case File No. FIFRA-04-2026-3526 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 Better Choice Brands LLC, 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 Better Choice Brands LLC violated FIFRA Section 12(a)(1)(E) by distributing or selling misbranded pesticides. Pursuant to Section 2(q)(2)(C)(iii) of FIFRA, 7 U.S.C. ? 136(q)(2)(C)(iii), a pesticide is misbranded if there is not affixed to its container, a label that bears the net weight or measure of the content. Based on the incorrect unit of measure on labeling affixed to the imported products, the product BCB Paraquat MUP (EPA Reg. No. 89432-3-104199) which was imported and therefore distributed or sold by Better Choice Brands LLC, was 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.

Defendants (1)

• Port of Mobile - 1901 Better Choice Brands LLCNamed in settlement

Facilities (1)

• PORT OF MOBILE - 1901 BETTER CHOICE BRANDS LLC

  150 N ROYAL STREET, MOBILE, AL, 36602

  Registry ID: 110071654931

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Port of Mobile - 1901 Better Choice Brands LLCentered 2026-03-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-03-03Enforcement Action Closed
• 2026-03-03Final Order Issued
• 2026-03-05Enforcement Action Data Entered