ON DECEMBER 19, 2017, EPA REGION III FILED A CAFO SETTLING FIFRA VIOLATIONS IN CONNECTION WITH FMC'S ADVERTISEMENTS AND SALES OF ITS RESTRICTED USE PESTICIDE (RUP) MARKETED AS STALLION INSECTICIDE THAT INCREASED RISKS OF THE PRODUCT'S PURCHASE OR USE BY UNAUTHORIZED INDIVIDUALS, AND OF MISUSE. PURSUANT TO THE CAFO, FMC WILL PAY A CIVIL PENALTY OF $1 MILLION DOLLARS FOR ITS ALLEGED UNLAWFUL ACTS.
IN SEPTEMBER 2015, EPA REGION III FILED AN ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING ALLEGING 12,273 ADVERTISING VIOLATIONS UNDER SECTION 12(a)(2)(E) OF FIFRA, AND 106 MISBRANDING VIOLATIONS UNDER SECTION 12(a)(1)(E) OF FIFRA. IN JULY 2017, THE PRESIDING ADMINISTRATIVE LAW JUDGE GRANTED, PART, EPA'S MOTION FOR PARTIAL ACCELERATED DECISION, FINDING FMC LIABLE UNDER SECTION 12(a)(2)(E) OF FIFRA FOR ILLEGALLY ADVERTISING STALLION INSECTICIDE WITHOUT STATING ITS RESRICTED USE CLASSIFICATION IN VIOLATION OF SECTION 12(a)(2)(E) OF FIFRA, BUT DEFERRING THE RULING ON THE NUMBER OF VIOLATIONS UNTIL THE JANUARY 2018 HEARING IN PHILADELPHIA.
THESE ALLEGED VIOLATIONS AT ISSUE IN THIS MATTER POSED POTENTIAL HARM TO HUMAN HEALTH AND THE ENVIRONMENT. THE AGENCY'S CLASSIFICATION OF STALLION INSECTICIDE AS A RUP MEANS THAT THE AGENCY DEEMED IT TOO RISKY TO BE USED BY ANYONE OTHER THAN A CERTIFIED APPLICATOR, OR SOMEONE SUPERVISED BY SUCH APPLICATOR. FMC'S ADVERTISEMENTS THAT OMITTED THE REQUIRED RESTRICTED USE STATEMENT HAD THE POTENTIAL TO RESULT IN PURCHASE OR ILLEG