EPA Region 7 has reached a consent agreement with FMC Corporation of Philadelphia, Pa., to resolve allegations that it improperly advertised its Capture LFR Insecticide with five Nebraska radio stations and a regional radio network in December 2012, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
As part of the settlement, FMC Corporation has agreed to pay a civil penalty of $117,216 to the United States.
Investigation showed that FMC Corporation contracted with the five individual radio stations and the one network to advertise its Capture LFR product through a total of 144 advertisements that were carried over a two-week period in December 2012. The advertisements were in violation of FIFRA regulations because they did not identify Capture LFR as a restricted use pesticide.
Under FIFRA, restricted use pesticides are products that, due to their acute toxicity, are approved for retail sale to, and use by, only certified applicators or persons under their direct supervision, and only for those purposes covered by the applicator’s certification. FIFRA requires that the restricted use status of such products must be included in any advertising of the products.
Restricted use pesticides can be dangerous to wildlife, public health, and the environment. By ensuring that consumers are adequately informed of products’ restricted use status, EPA helps to protect public health and the environment from the impacts of misuse.
As part of the settlement, FMC Corporation has certified that it is presently in compliance with FIFRA.
