Pesticide Products
Defending Audits & Enforcement Actions. Product Law Group advocates for companies facing administrative enforcement actions regarding pesticides, pesticide devices, and treated articles under federal pesticide law (FIFRA) and laws administered by state agencies such as the California Department of Pesticide Regulation (DPR). Enforcement experience includes:
- Successfully resolving a major EPA enforcement action involving alleged unregistered and misbranded pesticide sales for a Fortune 50 retailer, including negotiation and design of a Supplemental Environmental Project (SEP);
- Obtaining an expedited resolution of an EPA enforcement action related to the import of products flagged by U.S. Customs and Border Protection as unregistered pesticides (e.g., negotiated the release of products to a bonded warehouse where products could be relabeled and released for sale, averting major business disruption); and,
- Advising and defending a major chemical distributor in a California DPR pesticide mill tax audit and pesticide enforcement action.
Support for Sales Expansion & Company Transactions. Product Law Group also provides legal advice to expand sales opportunities and to inform corporate transactions, including:
- Supporting corporate deal teams by evaluating the pesticide portfolios of companies being acquired for pesticide product compliance and legal risks;
- Creating Pesticide Supplemental Distribution Agreements to allow third-party companies to distribute and label an EPA-registered pesticide product under their brand;
- Advising companies on the use of antimicrobial and antibacterial claims for consumer products;
- Advising numerous consumer product, apparel, and home goods companies related to the FIFRA Treated Articles Exemption and state equivalents; and,
- Providing legal advice to companies wishing to market Minimum Risk Pesticide products under the FIFRA Section 25b exemption from federal pesticide registration requirements.