A federal judge has ordered 99¢ Only Stores to pay $409,490 in penalties for the sale of illegal unregistered and misbranded pesticides contained in household products.
Imposed after two years of litigation, the fine is the largest contested penalty ever ordered by an EPA administrative law judge against a product retailer under the Federal Insecticide, Fungicide, and Rodenticide Act.
The case against 99¢ Only Stores concerned the sale of three cleaning and pest control products.
Out of a total of 166 violations, 164 involved the sale of a household cleaner called "Bref Limpieza y Disinfeccion Total con Densicloro" [Bref Complete Cleaning and Disinfection with Densicloro®], which was not registered with EPA, despite pesticidal claims on the label.
The product was imported from Mexico and made statements in Spanish that it disinfects or sanitizes surfaces.
The second product involved in the lawsuite was Farmer's Secret Berry & Produce Cleaner, an unregistered pesticide, sold with labels stating it, "inhibits mold, fungus & bacteria including Ecoli."
The third product, PiC BORIC ACID Roach Killer III, was misbranded because EPA approved labels were upside-down or inside-out, making them hard to read.
"All pesticide distributors-discounters and high-end retailers alike must comply with the law. This company's disregard for state and federal law in its business practices has led to a penalty that reflects the seriousness of the violations," said Jared Blumenfeld, EPA's regional administrator for the Pacific Southwest.
Read more at www.alternet.org
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