EPA v. DOW AGROSCIENCES LLC.

Case summary

On February 3, 2014, EPA Region 10 issued this Stop Sale, Use, or Removal Order (SSURO) to Sulfur Mills, Ltd. to stop the further distribution or sale of “Cosavet DF” (EPA Reg. No. 70905-1) after it was imported into the US on or about February 3, 2014. The distribution or sale of this product is a violation of FIFRA because the product label lacks important updates to the Directions for Use and Precautionary Statements found on the most recent EPA-approved label dated July 26, 2010. Generally, registrants may distribute or sell a product under the previously approved labeling for a period of 18 months after approval of a label revision. Any product distributed or sold by Sulfur Mills after January 26, 2012, was therefore required to be labeled with the July 26, 2010 EPA-approved label. Pesticides bearing labels that lack the required Directions for Use and Precautionary Statements are misbranded as defined by Section 2(q)(1)(F) and (G) of FIFRA, 7 U.S.C. § 136(q)(1)(F) and (G).

Defendants (1)

• DOW AGROSCIENCES LLC.Named in complaintNamed in settlement

Facilities (2)

• DOW AGROSCIENCES LLC

  9330 ZIONSVILLE RD., INDIANAPOLIS, IN, 46268

  Registry ID: 110000889879

• DOW AGROSCIENCES LLC

  9330 ZIONSVILLE RD., INDIANAPOLIS, IN, 46268

  Registry ID: 110000889879

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• DOW AGROSCIENCES LLC.entered 2014-02-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2014-02-03Final Order Issued
• 2014-04-07Enforcement Action Data Entered
• 2014-05-06Enforcement Action Closed