On-Line Retailers Coming Under Fire From EPA

On February 20, 2018, Amazon agreed to pay more than $1 million to settle an enforcement action brought by the U.S. Environmental Protection Agency (EPA) alleging violations of the nation's pesticide law (the Federal Insecticide, Fungicide, and Rodenticide Act; FIFRA).  EPA alleged that Amazon violated FIFRA by selling six unregistered pesticide products, as well as two misbranded pesticide products that made false claims, including claims that the products were safe for children and pets. 

Under the terms of the Consent Order, Amazon has agreed to pay a civil penalty of $1.2 million and to implement a Supplemental Environmental Project ("SEP") at a cost of another $1.6 million.  The SEP requires Amazon to develop a training program to "educate third-parties that sell pesticides through Amazon.com" and other on-line channels.  The training program must cover topics including FIFRA and its implementing regulations, import requirements, exceptions from the