The U.S. Environmental Protection Agency has issued a complaint against Philadelphia-based FMC Corporation for violations of the federal pesticide law related to the marketing and distribution of its agricultural product, “Stallion Brand Insecticide.”
EPA cited FMC for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a federal law requiring the registration of pesticide products and pesticide‑production facilities, and the proper labeling of pesticides. FIFRA’s requirements protect public health and the environment by ensuring the safe production, handling and application of pesticides; and by preventing false, misleading, or unverifiable product claims. FIFRA also prohibits the marketing of misbranded, improperly labeled, or adulterated pesticides.
FMC’s “Stallion Brand Insecticide” is intended as an agricultural insecticide for use on crops including alfalfa, corn, cotton, sorghum, soybeans, wheat and sunflowers. EPA’s registration classified this product as a “restricted use pesticide” because of environmental risks associated with its active ingredients. The restriction prohibits the sale and use of this product by anyone other than certified applicators or persons under their direct supervision. Additionally, all advertisements are required to identify the product as a restricted use pesticide.
According to EPA’s complaint, FMC failed to identify the restricted use classification of this pesticide on its own website, other online marketing, advertisements in print publications and in direct mailers to retailers and farmers. EPA also alleged that after EPA specifically denied FMC’s request to use the alternative brand name, “Stallion Insecticide,” on grounds it was false and misleading, FMC unlawfully distributed the product using the disapproved brand name. EPA subsequently approved the name “Stallion Brand Insecticide.”
EPA alleged 12,379 violations of FIFRA requirements in its complaint, based on the number of separate unlawful advertisements and distributions at issue. EPA will propose a specific penalty after the company has an opportunity to respond to the complaint and discuss the alleged violations with EPA.