EPA v. HP PRODUCTS

Case summary

SALE OF ADULTERATED PESTICIDE. RESPONDENT WAS ONE OF THREE COMPANIES SUED FOR SELLING THE IDENTICAL PRODUCTS. HP PRODUCTS CORP., WAS THE PRODUCER OF THE PESTICIDE PRODUCTS AT ISSUE; THE OTHER RESPONDENTS WERE THE DISTRIBUTOR AND THE STORE THAT SOLD THE PRODUCTS TO CUSTOMERS. RESPONDENT RAISED AS A DEFENSE THE ARGUMENT THAT EPA COULD NOT SEEK THE FULL PROPOSED PENALTY FOR THE SALE OF A GIVEN PRODUCT FROM ALL THREE RESPONDENTS, BECAUSE FIFRA DID NOT ALLOW FOR JOINT AND SEVERAL LIABILITY; RATHER, EPA HAD TO EITHER APPORTION THE PENALTY AMONG THE THREE RES- PONDENTS, OR SEEK COLLECTION FROM ONLY ONE. THE PENATY POLICY SEEMED AMBIGUOUS. HENCE, THE PROPOSED PENALTY WAS REDUCED FOR LITIGATION RISKS.

Defendants (1)

• HP PRODUCTSNamed in complaintNamed in settlement

Facilities (1)

• HP PRODUCTS

  4220 SAGUARO TRAIL, INDIANAPOLIS, IN, 46268

  Registry ID: 110003076224

Statutes cited

• FIFRA 2C — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• H.P. PRODUCTS CORPORATIONentered 1995-04-24

  Primary law: FIFRA

  Federal penalty: $3,360

Timeline (4 milestones)

• 1994-01-18Complaint Filed/Proposed Order
• 1995-04-24Final Order Issued
• 1995-05-20Enforcement Action Closed
• 1995-10-03Enforcement Action Data Entered