EPA orders Scotts to stop selling certain pesticides

EPA's Stop Sale Order on Additional Scotts Consumer Product (July 3, 2008)

On June 26, 2008, EPA issued an order to Scotts Miracle-Gro Company and its affiliates (Marysville, OH) to immediately stop all sales and distribution of Ortho Home Defense MAX Perimeter and Indoor Insect Killer (EPA Registration # 239-2663).

EPA took action because this consumer pesticide product is misbranded and its label makes claims that were not accepted by EPA as part of its registration. EPA did not approve the product label, which indicates the product will be effective for twelve months against certain pests, including scorpions and fire ants (public health pests of concern).

EPA has determined the ingredients found in this product are common to other insecticide products and should not be harmful if used according to the label directions.

On July 2, 2008 EPA approved a new label. Scotts can now sell and distribute the Ortho Home Defense MAX Perimeter and Indoor Insect currently in stores. However, the product that remains in Scotts facilities must be relabeled or repackaged with the approved label.

As part of EPA's ongoing investigation into Scotts pesticide products, Ortho Home Defense MAX Perimeter and Indoor Insect Killer is the fifth Scotts pesticide product in recent months to come under EPA's scrutiny for alleged violations.

In April, EPA issued stop sale orders on four Scotts' products. In May, Scotts began its voluntary recall of the three consumer products and the fourth product which was available only through Scotts Lawn Care Service.

View the Scotts Stop sale, use or removal order (PDF) (6pp, 246K About PDF) June 26, 2008

Top of page

EPA Analysis of Unregistered Scotts' Products (June 10, 2008)

EPA in conjunction with Ohio Department of Agriculture (ODA) analyzed both of the unregistered Scotts products 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.

What's in these products?

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.

Are these products harmful to me, my children or my pets? If I used the Miracle-Gro Shake 'n Feed Plus Weed Preventer product (showing invalid EPA Registration Number 62355-4) in my garden, can I eat the vegetables I planted?

These products, while unlawful and unregistered, contain common ingredients found in other EPA-approved weed and feed products on the market. If these products were used according to label directions, they should not be harmful.

Top of page

EPA and Scotts Agree to Recall of Pesticides (May 9, 2008)

Scotts Miracle-Gro Co. and a number of Scotts affiliates are currently conducting a recall of four pesticides that U.S. Environmental Protection Agency Region 5 alleges were unregistered, falsely and misleadingly labeled, or both. EPA has reviewed and commented on Scotts' recall plan but is not approving or endorsing the recall, which remains Scotts' sole responsibility.

On May 6, 2008, EPA issued eight amended"stop sale, use or removal orders" to Scotts. In April EPA had issued 17 stop sale, use or removal orders to Scotts and a number of its affiliates as well as big box retailers Ace, True Value, Do-It-Best, Lowe's, Wal-Mart, Sam's Club, K-Mart, Meijer and Home Depot, related to their distribution and sale of the allegedly illegal pesticides.

These pesticides used EPA registration numbers

• 538-299 ("Turf Builder Pre/Post 2" or "Scotts Turf Builder Max Plus 2 Weed & Feed And Crabgrass Preventer");
• 538-301 ("SouthernMax" or "Scotts Bonus S Max Southern Weed & Feed and Fire Ant Killer");
• 62355-4 ("Garden Weed Preventer + Plant Food" or "Miracle Gro Shake 'n Feed All Purpose Plant Food Plus Weed Preventer"); and
• 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").

The stop sale, use or removal orders alleged the 538-304 and 62355-4 products were unregistered and falsely or misleadingly labeled, and the 538-299 and 538-301 products were falsely or misleadingly labeled.

Scotts is conducting a retail-level, consumer recall of pesticide products bearing registration numbers 538-301, 62355-4, and 538-299. The 538-304 pesticide product, according to Scotts, was only used by the company's lawn care affiliate Scotts LawnService and will be recalled from those businesses.

To notify the public of the consumer recalls, Scotts is

• locating placards in stores where the recalled products were sold,
• advertising the recall on the Internet and in newspapers nationwide,
• and providing video and audio news releases to the media.
• Consumers may contact Scotts for more information at 888-295-0671, or visit Scotts' Web site at www.scottsmiraclegro.com or www.scotts.com .

EPA and its state partner, the Ohio Department of Agriculture, are conducting laboratory analysis of the unregistered products. At this time the risks, if any, posed by these products are unknown.
Updated information will be posted on the Web site when it becomes available.

Top of page

What happened?

EPA ordered Scotts Miracle-Gro Co., located in Marysville, Ohio to stop selling and distributing four pesticide products. Two of these products are illegal because they were never registered with EPA and display invalid registration numbers on the labels. The other two products are currently registered with EPA. However, Scotts sold and distributed these products before they were registered, which is a violation of federal law. The labels on these two products make false or misleading claims or fail to provide adequate safety instructions to protect people and the environment.

Top of page

Unregistered Pesticide Products

Before a pesticide product can be sold or distributed, it must be registered with EPA to protect public health and the environment. The following products have not been evaluated or registered with EPA and bear illegal EPA registration numbers:

• The product showing invalid registration number 62355-4 was marketed under names for residential products including
  • "Garden Weed Preventer + Plant Food" and
  • "Miracle-Gro Shake 'n' Feed All Purpose Plant Food Plus Weed Preventer."
• The product showing invalid registration number 538-304 was sold under names for professional lawn care products including
  • "Scotts Lawn Service Fertilizer with .28% Halts,"
  • "Scotts Lawn Service Fertilizer 0-0-7 Plus .28% Halts Pro,"
  • "Scotts Lawn Service Fertilizer 14-2-5 Plus .28% Halts Pro," and
  • "Scotts Lawn Service Fertilizer 22-0-8 Plus .28% Halts Pro."

These products may have been sold under other names as well. Be sure to check product labels for the above invalid EPA registration numbers.

In an effort to make sure these products are immediately removed from the marketplace, EPA also issued stop sale, use or removal orders to major retailers that carry these products.

EPA and the Ohio Department of Agriculture have begun an inquiry to determine how many of these unregistered products have been manufactured and distributed and under which names.

Top of page

Pesticides sold before EPA approval with false or misleading label claims or lacking proper safety instructions

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. The following two products are improperly labeled because they contain false or misleading claims or fail to provide adequate safety instructions as required by EPA:

• The improperly labeled product showing registration number 538-301 was sold as "Scotts Bonus S Max Southern Weed & Feed And Fire Ant Killer".
• The improperly labeled product showing registration number 538-299 was sold under "Scotts Turf Builder Max Plus 2 Weed & Feed And Crabgrass Preventer."

These products may have been sold under other names, so be sure to check product labels for the above EPA registration numbers.
Both of these products are currently registered with EPA. However, Scotts sold and distributed these products before they were registered, which is a violation of federal law. Before these products are used, sold or distributed further, the labels must be corrected to ensure they can be used safely and correctly.

Top of page

What should you do?

If you think you may have purchased one of these unregistered or improperly labeled products, please look at the EPA registration number provided on the label as product names may vary.

Each registered pesticide must have an EPA registration number on its label that is specific to that product. That number may appear anywhere on the label, but is typically found near the bottom of the label on the front or back of the product. It is often designated as EPA Registration No. XXX-XXX or EPA Reg No. XXX-XXX.

If you see the following EPA registration numbers, you have an unregistered or improperly labeled pesticide:

• 62355-4 (garden weed preventor & plant food products)
• 538-301 (weed & feed and fire ant killer product)
• 538-299 (turf builder plus weed and feed product)
• 538-304 (lawn service fertilizer with .28% Halts Pro products)

If you have purchased any of these products, you should stop using them and follow Scotts recall instructions. If you can't return these products immediately, store them in a safe, cool and dry place and out of reach of children, pets and wildlife. Do NOT dispose of the product in the garbage, down the drain or at a community disposal site.

For more information about the product recall and instructions on returning the products, call Scotts Miracle-Gro Recall Hotline at 1-888-295-0671 or go to www.scottsmiraclegro.com