“Section 12(a)(1)(A) of FIFRA, 7 U.S.C. § 136j(a)(1)(A), states it is unlawful for any person in any state to distribute or sell to any person any pesticide that is not registered under Section 3 of FIFRA or whose registration has been cancelled or suspended, except to the extent that distribution or sale otherwise has been authorized by EPA.”

💡 This statute makes Crown Chemical’s conduct clearly illegal under federal law with no ambiguity or gray area.

“On or about April 2, 2021, the EPA registration for Blue Lagoon Acid Bowl Cleaner, EPA Reg. No. 10324-158-35772, was cancelled.”

💡 EPA had officially revoked authorization to sell this product more than a year before Crown Chemical’s documented sales.

“Respondent produced Blue Lagoon Acid Bowl Cleaner, EPA Reg. No. 10324-158-35772, after April 2, 2021.”

💡 Crown Chemical did not just sell existing inventory but actively manufactured a product whose registration EPA had cancelled.

“From on or about June 6, 2022 through June 13, 2022, Respondent distributed or sold Blue Lagoon Acid Bowl Cleaner, EPA Reg. No. 10324-158-35772, which was produced after the product registration was cancelled on April 2, 2021, on at least 6 separate occasions.”

💡 These were not isolated mistakes but a pattern of deliberate sales over multiple days and transactions.

“This product is an acid disinfectant bathroom toilet bowl cleaner, especially formulated to kill many germs* commonly found in hospitals and industrial environments.”

💡 Crown Chemical targeted vulnerable populations in healthcare facilities with an unverified product claiming to kill pathogens.

“*KILLS HIV ON PRECLEANED ENVIRONMENTAL TOILET BOWLS/URINALS PREVIOUSLY SOILD WITH BLOOD/BODY FLUIDS in health care settings or other settings in which there is an expected likelihood of soiling of inanimate toilet bowls/urinals with body fluids and in which the toilet bowl/urinal likely to be soiled with blood or bodily fluids can be associated with the potential for transmission of human immunodeficiency virus Type 1 (HIV-1) associated with AIDS.”

💡 Healthcare workers relied on unverified efficacy claims about killing deadly viruses without EPA testing or approval.

“Respondent admits the jurisdictional allegations in this CAFO and neither admits nor denies the factual allegations in this CAFO.”

💡 Crown Chemical avoided any public admission of fault despite documented violations spanning multiple years.

“Respondent waives its right to request a hearing as provided at 40 C.F.R. § 22.15(c), any right to contest the allegations in this CAFO and its right to appeal this CAFO.”

💡 The settlement eliminated any opportunity for judicial review or public examination of the evidence.

“In determining the penalty amount, Complainant considered the appropriateness of the penalty to the size of Respondent’s business, the effect on Respondent’s ability to continue in business, and the gravity of the violation.”

💡 The regulatory framework explicitly limits penalties to protect corporate viability rather than maximize deterrence.

“Penalties, interest, and other charges paid pursuant to this CAFO shall not be deductible for purposes of federal taxes.”

💡 This restriction prevents Crown Chemical from further reducing the effective cost of violations through tax writeoffs.

“Respondent’s full compliance with this CAFO resolves only Respondent’s liability under FIFRA for federal civil penalties for the violations alleged in the CAFO.”

💡 The settlement leaves open potential state enforcement actions and does not prevent criminal prosecution.

“Respondent certifies that it is complying with FIFRA, 7 U.S.C. §§ 136-136y, and the regulations at 40 C.F.R. § 152.”

💡 Crown Chemical simply certified current compliance with no requirement for enhanced oversight or verification.

“Where the parties agree to settle one or more causes of action before the filing of a complaint, the administrative action may be commenced and concluded simultaneously by the issuance of a consent agreement and final order (CAFO).”

💡 The procedural structure rewards quick settlements that minimize public scrutiny and avoid formal complaint filing.

“This Consent Agreement and Final Order, as agreed to by the parties, shall become effective immediately upon filing with the Regional Hearing Clerk. This Final Order concludes this proceeding pursuant to 40 C.F.R. §§ 22.18 and 22.31.”

💡 The enforcement action ended the moment it began with no period for public comment or review.

“Section 14(a)(1) of FIFRA, 7 U.S.C. § 136l(a)(1), and 40 C.F.R. Part 19, provides that any registrant, commercial applicator, wholesaler, dealer, retailer or other distributor who violates any provision of FIFRA may be assessed a civil penalty by EPA of up to $24,885 for each offense where penalties are assessed on or after January 8, 2025.”

💡 Crown Chemical faced potential fines of $223,965 for nine violations but paid only $56,000, demonstrating significant penalty reduction.