2/20/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,200, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT APR 10, 2008, EPA CONDUCTED AN INSPECTION OF CHARLES PILCHER dba ANIMEDS AND dba THEFLEAFIGHTERS, DALLAS, GA AND OF RESPONDENT'S INTERNET SALES AT EBAY.COM. DURING THE INSPECTION, ADVANTAGE FLEA 10 DOSE CAT, ADVANTAGE FLEA 5 DOSE CAT, FRONTLINE PLUS FLEA TICK 8 DOSE CAT, PRECISION KAT KIT, AND PRECISION DOG KIT HEREINAFTER THE KITS ) WERE IDENTIFIED AS BEING SOLD OR DISTRIBUTED BY RESPONDENT. THE KITS ARE PRODUCTS THAT CONTAIN ONE DOSE OF A REGISTERED FLEA AND TICK PESTICIDE, A VIAL, AND A SYRINGE PACKAGES WITH ALTERNATE DIRECTIONS FOR USE THAT REQUIRE PARTIAL DOSING FOR SMALLER ANIMALS. THE KITS MAY ALSO BE SOLD UNDER ALTERNATE NAMES. UNDER FIFRA SEC 12(a)(1)(B) IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY REGISTERED PESTICIDE IF ANY CLAIMS MADE FOR IT AS PART OF ITS DISTRIBUTION OR SALE SUBSTANTIALLY DIFFER FROM ANY CLAIMS MADE FOR IT IN CONNECTION WITH ITS REGISTRATION. AT THE TIME OF THE INSPECTION, THE KITS MADE CLAIMS THAT EACH VIAL OF PRODUCT MEANT FOR A SINGLE DOSE OF FLEA AND/OR TICK CONTROL COULD BE USED FOR MULTIPLE DOSES, WHICH IS NOT PART OF THE EPA ACCEPTED REGISTRATION FOR ANY OF THESE REGISTERED FLEA AND TICK PRODUCTS. FIFRA SEC 2(q)(1)(A) DEFINES MISBRANDING TO INCLUDE LABELING THAT BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION RELATIVE THERETO OR TO ITS INGREDIENTS WHICH IS FALSE OR MI