Zep allegedly manufactured and distributed Formula 165 as a supplemental distributor without permission from the registrant. In the case of a registered pesticide sold under another company’s name, the pesticide registrant must grant permission for the other company to manufacture and distribute its registered pesticide as a “supplemental distributor.” When a supplemental distributor fails to obtain this permission, the pesticide is unregistered.
In addition, the EPA alleges Zep gave false certifications of compliance with the act’s good laboratory practices on documents associated with the registration of three pesticides in its line of Enforcer brand insecticides: Enforcer RoachMax Bait, Enforcer AntMax Bait and Enforcer Fire Ant Bait. Pesticide registrants are required to certify their compliance with the practices on any testing or studies submitted to the EPA in support of a registration.
Previously, Zep complied with a stop sale use or removal order issued by the EPA April 20, 2012 to stop the sale of Zep Formula 165, a disinfectant intended for use in hospitals. Under the EPA’s antimicrobial testing program, Zep Formula 165 was evaluated, and the EPA’s testing showed that contrary to labeling claims, the product was ineffective against mycobacterium tuberculosis. False or misleading label claims are misbrandings under the act.
The purpose of the act is to ensure that no pesticides are produced, imported, distributed, sold or used in a manner that pose an unreasonable risk to human health or the environment.
For additional information about pesticides, visit http://www.epa.gov/pesticides/.