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EPA Orders Scotts to Stop Selling Certain Pesticides

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Contact the National Pesticide Information Center (NPIC) Exit EPA Disclaimer at 800-858-7378 (available 6:30 AM-4:30 PM, Pacific Daylight Time, including weekends).

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Learn more about Stop Sale, Use or Removal orders under FIFRA (PDF) (7pp, 224K About PDF)

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EPA Region 5 contacts:

  • Rafael P. Gonzalez (gonzalez.rafaelp@epa.gov), 312-886-0269, Region 5 Land and Chemicals Division
  • Karen Thompson (thompson.karen@epa.gov), 312-353-8547, Region 5 Office of Public Affairs
  • Region 5 toll-free: 800-621-8431, 9AM - 4:30PM Central Time, weekdays.

In 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.  This Web page describes the status of the various products subject to EPA enforcement action.

In April and May 2008, EPA ordered The Scotts Miracle-Gro Company and its affiliates (Marysville, OH), as well as major retailers, to stop distributing and selling four pesticide products that were unregistered or improperly labeled. Scotts recalled these products from retailers, consumers, and the company’s lawn care affiliate, Scotts LawnService. On October 31, 2008, EPA issued an Amended Stop Sale Order that allows Scotts to sell one of these products (“SouthernMax” or “Scotts Bonus S Max Southern Weed & Feed and Fire Ant Killer”) provided the product is properly labeled according to EPA requirements.

As part of EPA’s investigation into Scotts pesticide products, in June, September and October 2008, and January and February 2009 EPA issued “stop sale, use or removal” orders for 19 more Scotts products that are unregistered, improperly labeled, make false or misleading claims, contain statements that EPA did not approve as part of the products’ registration, or make claims that were not supported by submissions of required scientific studies.  Additional information is provided below about each product and the issues of concern.

Retailers can continue to distribute and sell their current stock of the 19 products affected by the June, September and October stop sale orders.  However, certain stocks that remain in Scotts’ facilities must be relabeled or repackaged with EPA-accepted labels.  EPA may amend or issue stop sale orders that would allow Scotts to resume selling and distributing some of these products from its facilities once they are properly labeled according to EPA requirements. One Scotts’ product will be returned to its manufacturer, Golden Gate Designs, for appropriate handling or modification. While EPA is allowing products already in the hands of retailers to be sold, consumers can contact Scotts at 1 (888) 270-3714 or through their web site at www.scotts.com, to obtain corrected label directions.

Before a pesticide can be sold or distributed, it must be registered with EPA to protect public health and the environment.  As part of the registration process, a company must ensure the pesticide meets the claims made on its label.  To ensure the safe use of pesticides, companies are also required by federal law to provide accurate information and instructions on the product label.  Companies wanting to amend pesticide labels are required to seek EPA approval. Pesticide products must comply with federal regulations to maintain consistency, avoid confusion, and ensure that products can be used properly and safely.

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Twenty Four Pesticides Products Affected

EPA Reg. # Product Name Reason for Stop Sale Stop Sale Date Product Sale Resumption Date*
538-213 "Scotts 33-0-0 Extended Residual Feretilizer Plus Preemergent Weed Control" Unsubstantiated label claims. 02/26/09
538-192 "Halts" False or misleading and unsubstantiated label claims. Contains unapproved Ingredients 01/29/09
538-60 "Starter Fertilizer Plus Crabgrass Control" False or misleading label claims. Contains unapproved Ingredients 01/29/09
538-280 "Super Turf Builder with Plus 2 Weed Control" False or misleading label claims. Contains unapproved Ingredients 01/29/09
538-202 "Crabgrass Preventer Plus Lawn Fertilizer" False or misleading label claims. Contains unapproved Ingredients 01/29/09
279-3203-538 "Talstar 0.086 Lawn Granular Insecticide with Fertilizer" False or misleading label claims. 01/29/09
538-190 "Turf Builder Plus Halts for Lawns" False, misleading or unsubstantiated label claims. Contains unapproved Ingredients 01/21/09
239-2666 "Weed-B-Gon Lawn Weed Killer for Lock 'N Spray" False or misleading label claims. 01/21/09
538-88 "Systemic Fungicide" Contains unapproved Ingredients 01/21/09
239-2491 "Ortho Brush B-Gon Brush Killer" Improper or insufficient labeling 10/31/08 per Stop Sale Order 10/31/08
239-2690 "Weed B-Gon Spot Weed Killer Concentrate" Improper or insufficient labeling 10/31/08 per Stop Sale Order 10/31/08
239-2691 "Weed B-Gon Spot Weed Killer Concentrate" Improper or insufficient labeling 10/31/08 per Stop Sale Order 10/31/08
239-2516 “Season Long Max Weed and Grass Killer Plus Preventer” False or misleading label claims 9/12/08  
239-2665 “Weed B Gon Lawn Weed Killer 3” or
“Weed B Gon® MaxTM SinglesTM”
Improper or insufficient labeling 9/12/08  
239-2679 “ORTHO Roach, Ant and Spider Killer” or “Roach, Ant and Spider Killer” False, misleading, or  unsubstantiated label claims

Improper or insufficient labeling

9/12/08  
2217-896-239 “Weed B Gon Max Plus Crabgrass Control Singles” Improper or insufficient labeling 9/12/08  
538-281 “Winterizer with Plus 2 Weed Control” Contains unapproved ingredients 9/12/08  
538-283 Super Winterizer with Plus 2 Weed Control” or
“Super Turf Builder WinterguardTM with Plus 2® Weed Control”
Contains unapproved ingredients 9/12/08  
No Regis- tration number “Citronella Lamp Oil” Unregistered pesticide product 9/12/08  
239-2663 “Ortho Home Defense MAX Perimeter and Indoor Insect Killer” False, misleading, or unsubstantiated label claims

Improper or insufficient labeling

6/26/08  
538-299 Turf Builder Pre/Post 2” or “

Scotts Turf Builder Max Plus 2 Weed & Feed And Crabgrass Preventer”

Sold before EPA registration with false or misleading label claims or lacking proper safety instructions 4/23/08  
538-301 “SouthernMax” or

“Scotts Bonus S Max Southern Weed & Feed and Fire Ant Killer”

Sold before EPA registration with false or misleading label claims or lacking proper safety instructions 4/23/08 Amended Stop Sale Order 10/31/08
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”

Unregistered pesticide product 4/23/08  
62355-4 “Garden Weed Preventer + Plant Food” or “Miracle-Gro Shake ‘n’ Feed All Purpose Plant Food Plus Weed Preventer” Unregistered pesticide product 4/23/08  

*Scotts allowed to resume sales if properly labeled

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Scotts Stop Sale, Use or Removal Orders

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