8/12/10 - THE CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,100.
ALLEGATIONS:
ON OR ABOUT MARCH 6, 2009, EPA, THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, BUREAU OF PESTICIDE MGMT, CONDUCTED AN INSPECTION AT TARGET, LOCATED AT 3031 ROUTE 50, SARASOTA SPRINGS, NY. THE INSPECTION REVEALED AN INSERT WHICH WAS INCLUDED IN A PACKAGE OF SERGEANT'S GOLD FLEA AND TICK SQUEEZE-ON FOR CATS, FOR CATS 5 POUNDS AND OVER, WHICH HAD NOT BEEN SUBMITTED TO EPA AS PART OF THE PRODUCT REGISTRATION.
AMONG OTHER CLAIMS, THE PACKAGE INSERT FOUND BY THE INSPECTION PRESENTS A CHART COMPARING SERGEANT'S PRODUCT TO COMPETING PRODUCTS AND CLAIMS: NO OTHER BRAND OFFERS AS MUCH PROTECTION AS SERGEANT'S GOLD SQUEEZE-ON FOR CATS.
AFTER RECEIVING A COPY OF THE INSPECTION REPORT, RESPONDENT INVESTIGATED FURTHER AND DETERMINED THAT THE INSERT WAS ADDED TO THE PRODUCT PACKAGING AT THE RESPONDENT'S PRODUCTION FACILITY IN MEMPHIS, TN.
RESPONDENT DETERMINED THAT THE INSERT AT ISSUE WAS INCLUDED IN THE PACKAGES OF AN ADDITIONAL THREE PRODUCT LINES THAT IT DISTRIBUTES AND SELLS FOR USE ON CATS PURSUANT TO EPA REGISTRATION NO. 69332-3-2517.
RESPONDENT FURTHER DETERMINED THAT A SIMILAR INSERT WAS INCLUDED IN THE PACKAGES OF 8 DIFFERENT PRODUCT LINES THAT IT DISTRIBUTES AND SELLS FOR USE ON DOGS PURSUANT TO EPA REG. NO. 2517-80.
RESPONDENT FURTHER DETERMINED THAT THE INSERT INCLUDED IN THE DOG PRODUCTS WAS NOT PROVIDED TO EPA AS PART OF THE EPA REGISTRATION FOR