# HP PRODUCTS
> **Administrative - Formal** · FY1995 · — · Final Order With Penalty
## Case
- **Activity ID:** `29419`
- **Case Number:** 05-1995-0455
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $3K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- HP PRODUCTS (complaint) (settlement)
## Summary

SALE OF ADULTERATED PESTICIDE.                               RESPONDENT WAS ONE OF THREE COMPANIES SUED FOR SELLING THE   IDENTICAL PRODUCTS.  HP PRODUCTS CORP., WAS THE PRODUCER OF  THE PESTICIDE PRODUCTS AT ISSUE; THE OTHER RESPONDENTS WERE  THE DISTRIBUTOR AND THE STORE THAT SOLD THE PRODUCTS TO      CUSTOMERS.  RESPONDENT RAISED AS A DEFENSE THE ARGUMENT THAT EPA COULD NOT SEEK THE FULL PROPOSED PENALTY FOR THE SALE OF A GIVEN PRODUCT FROM ALL THREE RESPONDENTS, BECAUSE FIFRA    DID NOT ALLOW FOR JOINT AND SEVERAL LIABILITY; RATHER, EPA   HAD TO EITHER APPORTION THE PENALTY AMONG THE THREE RES-     PONDENTS, OR SEEK COLLECTION FROM  ONLY ONE.  THE PENATY     POLICY SEEMED AMBIGUOUS.  HENCE, THE PROPOSED PENALTY WAS    REDUCED FOR LITIGATION RISKS.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*