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EPA Orders Scotts to Stop Selling Certain Pesticides
What happened?
Since Spring 2008, EPA began issuing enforcement actions against The Scotts Miracle-Gro Company and its affiliates (Marysville, OH) due to problems that have been identified with some of its products. The issues raised by the Scotts’ products fall into several categories as summarized in the table (Fifteen Pesticide Products Affected) and as further described below. This summary may not provide an exhaustive discussion of all of the potential violations, and EPA is continuing its investigation of Scotts’ products.
Pesticides containing unapproved ingredients
A pesticide label must identify the exact name and percentage of active ingredient(s) in the product. The form and percentage of the active ingredient identified on these Scotts’ products differ from the ingredient accepted by EPA as part of the products’ registration. The EPA accepted formulation identifies the active ingredient in these two products as approximately 1% mecoprop, but the label on Scotts' products lists the active ingredient as 0.52% mecoprop-p.
Pesticides containing false, misleading or unsubstantiated label claims
As part of the registration process, a company must ensure the pesticide meets the claims made on its label. EPA does not approve terms such as “bug barrier,” “shield,”“100% root kill,” or “all weeds, all gone, all season.” In order to make certain claims, such as “12 month residual contact” or “Kills all major home invading pests,”
pesticide companies must submit to EPA scientific studies that support those claims.
For example, a product can not claim to be effective for 12 months if it is only effective against certain pests for three months. These products make claims that are
false or misleading, or were not supported by data submitted to EPA.
Pesticides with improper or insufficient labeling
Pesticide labels must provide clear and understandable information, including use directions and safety precautions. Text on the label must also meet minimum size requirements. These product labels have added, missing, or revised statements or use directions that differ from the EPA-accepted label, or appear to have text smaller than the minimum type size required.
Pesticides sold before EPA registration approval and containing false or misleading label claims or lacking proper safety instructions
Scotts distributed and sold certain products before they were registered, which is a violation of federal law. These products also make false or misleading claims or fail to provide adequate safety instructions to protect people and the environment.
Scotts conducted a voluntary recall of these and two other products. For more information about the recall, see EPA and Scotts Agree to Recall of Pesticides (May 9, 2008)
Unregistered pesticide products
The following three products are illegal because they were never registered with EPA:
- “Citronella Lamp Oil” (no registration number)
When used solely as a fragrance, citronella and citronella oil are not considered pesticides and would not require registration. Even if used as a pesticide, some citronella products may not require registration if they meet certain criteria that allow them to qualify as minimum risk pesticides. This citronella oil product is considered a pesticide because its label makes pesticidal claims such as “Deters Insects” and “...deters mosquitoes, no-see-ums, and other insects from crashing outdoor parties.” It also does not meet all the criteria to exempt it from registration. Therefore, it is an unregistered pesticide, which is a violation of federal law. EPA is allowing Scotts to return this product to the manufacturer for appropriate handling or modification.
- Invalid Registration Number 62355-4 “Garden Weed Preventer + Plant Food” or “Miracle-Gro Shake ‘n’ Feed All Purpose Plant Food Plus Weed Preventer” and
- Invalid Registration Number 538-304 “SLS Fertilizer With .28 Halts,” “0-0-7 Plus .28% Halts Pro,” “22-0-8 Plus .28% Halts Pro” or “14-2-5 Plus .28% Halts Pro”
Both of the above unregistered products show invalid EPA registration numbers and were removed from the marketplace. Scotts conducted a retailer and consumer recall of the product showing number 62355-4. The 538-304 pesticide product, according to Scotts, was only used by the company's lawn care affiliate Scotts LawnService and was recalled internally. For more information about the recall, see EPA and Scotts Agree to Recall of Pesticides (May 9, 2008)
EPA Analysis of Unregistered Scotts' Products (June 10, 2008)
EPA in conjunction with Ohio Department of Agriculture (ODA) analyzed the unregistered products bearing invalid EPA registration numbers 62355-4 and 538-304 for their individual components and potential contaminants. The analyses were conducted according to established federal and state procedures using published analytical enforcement methods for pesticide products. The ODA analyses searched for and would have detected other components or contaminants if present.
The ODA analyses showed the contents of both of the unregistered pesticides are typical of other consumer weed and feed products. Both unregistered products were labeled by Scotts as weed and feed pesticides. Typically, weed and feed pesticides contain one or more pesticide active ingredients with various fertilizer components. Fertilizer components usually include nitrogen, phosphate, and potash in varying amounts, which are identified on the front label of each product (as an example: 10-10-10). In some cases, additional fertilizer components like calcium, iron, sulfur, or magnesium are added. Here is a specific breakdown of the unregistered products:
- Reg No. 62355- 4 (shake and pour bottle) The ODA analysis determined the active ingredient in this product is trifluralin (at a level of 0.143%). Trifluralin is a pre-emergent herbicide registered in other products for broadleaf weed and grass control. It is typically found at the same level, or even higher levels, in numerous other weed and feed pesticides approved for application to residential lawns.
- Reg No. 538-304 Halts Pro 50-pound bag The ODA analysis determined the active ingredient in this product is prodiamine (at a level of 0.29%). Prodiamine is a pre-emergent herbicide registered in other products to control crabgrass. It is typically found at the same level, or even higher levels, in numerous other weed and feed pesticides approved for application to residential lawns.
In some of the samples, the ODA analyses also found trace residues of three other registered pesticide active ingredients (2,4-D, carbaryl, and thiamethoxam) resulting from the manufacturing process. It is not uncommon for trace amounts of other pesticide residues to be found in products that are manufactured at the same location. All three of these active ingredients are found at much higher concentrations in other pesticide products approved for application to residential lawns.
These products, while unlawful and unregistered, contain common ingredients found in other EPA-approved weed and feed products on the market. The risk of harm from their continued use is minor if used according to label directions.