EPA v. CH2O, Inc./ Buckman Laboratories, Inc.

Case summary

CH2O has a distributor agreement with Buckman which allows them to produce and distribute the product MECT-5-CT (EPA Reg. No. 1448-171) under their brand name PACT-5 (EPA Reg. No. 1448-171-43553). CH2O produced, sold, and distributed PACT-5 with a misbranded label. According to CFR40 both the registrant and the distributor can be held liable for this violation. Throughout 2006, CH2O produced PACT-5 with a misbranded/outdated label. This label was missing critical updates to the first aid, directions for use, and the directions for disposal statements. This product had a signal word of “warning” and these are critical updates that need to be current on the product label. This product was placed under a SSURO until corrected. CH2O took immediate action to correct the label and to ensue that all product labels were current and up to date.

Defendants (2)

• Buckman Laboratories, Inc.Named in complaintNamed in settlement
• CH2ONamed in complaint

Facilities (2)

• BUCKMAN LABORATORIES, INC.

  8820 OLD HWY 99 S, OLYMPIA, WA, 98501

  Registry ID: 110000601581

• CH2O INC

  8820 OLD HWY 99 SE, OLYMPIA, WA, 985015744

  Registry ID: 110000601581

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (2)

• CH2O, Inc.entered 2008-09-22

  Primary law: FIFRA

  Federal penalty: $11,700

• CH2O, Inc./ Buckman Laboratories, Inc.entered 2008-11-03

  Primary law: FIFRA

  Federal penalty: $11,700

Timeline (4 milestones)

• 2008-09-04Enforcement Action Data Entered
• 2008-09-22Complaint Filed/Proposed Order
• 2008-11-03Final Order Issued
• 2009-12-31Enforcement Action Closed