EPA v. FRAN TULLEY FRESHWATER ORGANICS

Case summary

Freshwater Organics is a pesticide manufacturer headquartered in Sandy, UT that produces an EPA-registered pesticide product called �Bye Bye for Bedbugs. In May of 2014 an EPA inspector attempted to inspect this facility but the owner would not return phone calls. At the request of the EPA the Utah Department of Agriculture and Feed conducted an inspection at this facility. As part of the label review conducted by the EPA Region 8 office it was discovered that the label this facility was applying to the product was misbranded. Additionally, it was discovered that the registrant, Perma-Guard, had failed to file a supplemental distrution agreement with the EPA. Therefore this product was also unregistered. As part of review of the Utah inspection report it was also discovered that this facility was selling another unregistered pesticide called Life Stings . Since Lifestings is made in another Region the EPA Region 8 office created a referall to the Region where Lifestings is produced. On August 3, 2015 the EPA Region 8 office issued a Stop Sale, Use and Removal Order (SSURO) to Freshwater Organics, ordering the company to stop selling and distributing Bye Bye for Bed Bugs and Lifestings. Additionally, the SSURO ordered Freshwater Organics to remove false and misleading claims on their website.

Defendants (1)

• FRAN TULLEYNamed in complaintNamed in settlement

Facilities (1)

• FRESHWATER ORGANICS

  11089 JUSTIN PARK DRIVE, SANDY, UT, 84092

  Registry ID: 110066855406

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• FRAN TULLEY FRESHWATER ORGANICSentered 2015-08-03

  Primary law: FIFRA

Timeline (2 milestones)

• 2015-08-03Final Order Issued
• 2015-10-08Enforcement Action Data Entered