Environmental Enforcement Under FIFRA: Increased Scrutiny Reaches More Consumer Products

Developing Compliance Programs in Response to Recent EPA Actions

Recent Miracle Gro settlement garners $12.5 million

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, November 1, 2012

Recorded event now available

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Program Materials

This CLE webinar will discuss recent Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) enforcement actions by the EPA, including the $12.5 million settlement with Miracle Gro. The panel will also address FIFRA's regulation of consumer products and the potential consequences of making public health claims regarding the products.

Description

On Sept. 7, 2012, Scotts Miracle Gro Co. agreed to pay $12.5 million in criminal fines and civil penalties to settle an EPA claim for violating of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This is the largest settlement under FIFRA to date.

FIFRA’s regulatory scheme is complex and frequently misunderstood by environmental attorneys. Companies and their counsel often become aware that FIFRA applies to their products after a violation occurs. Manufacturers, distributors, wholesalers and retailers need clear advice on how to comply with the statute.

FIFRA’s scope extends to all products intended to repel any “pest.” Even claims that a product has “antimicrobial,” “antibacterial” or “antiallergan” properties trigger the application of the statute. As the Miracle Gro settlement and other cases have shown, penalties for FIFRA violations can be substantial.

Listen as our panel of experts provides an overview of FIFRA and recent enforcement actions by the EPA, discusses its application to consumer products, and explains FIFRA exemptions.

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Outline

  1. Introduction to FIFRA
  2. Regulation of consumer products as a pesticide
  3. Distinction between antimicrobials vs. other pesticides
  4. The "applied to" exemption from FIFRA
  5. Consequences of making public health claims
  6. Elements of a FIFRA registration including a discussion of the data requirement

Benefits

The panel will review these and other key questions:

  • What products are covered by FIFRA?
  • What marketing claims made for consumer products can trigger the application of FIFRA?
  • What are the exemptions to the statute?
  • What are the elements of FIFRA registration?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Tricia Foley
Tricia Foley

Partner
Day Pitney

She focuses on business and regulatory aspects of environmental law, and is experienced in green and sustainable...  |  Read More

Robert Brennis
Robert Brennis
Brennis Consulting Services

He worked 17 years at the EPA as product manager in the Insecticide Branch and Antimicrobial Division.  He...  |  Read More

Elizabeth Leaderman
Elizabeth Leaderman

Associate
Day Pitney

She is an associate in the firm's Real Estate, Environmental and Land Use department. Her practice focuses on...  |  Read More

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