Amazon Services LLC FIFRA Settlement

(Washington, DC - February 15, 2018) -  The U.S. Environmental Protection Agency (EPA) announced an agreement with Amazon Services LLC to protect the public from the hazards posed by unregistered and misbranded pesticide products. The agreement settles allegations that Amazon committed nearly four thousand violations of the “Federal Insecticide, Fungicide and Rodenticide Act” (FIFRA) – dating back to 2013 – for selling and distributing imported pesticide products that were not licensed for sale in the United States.

On this page:

• Overview
• Violations
• Injunctive Relief
• Pollutant Impacts
• Health Effects and Environmental Benefits
• Civil Penalty
• Contacts

Overview of Company

Amazon Services LLC (Amazon) is a world-wide company that sells a wide variety of goods and services, including pesticide products. Amazon offers a service called “Fulfillment by Amazon” whereby products are listed on the Amazon.com website for sale by third-party sellers, stored in Amazon’s fulfillment centers, and packed and shipped by Amazon. Under this system, Amazon was distributing pesticide products, which is an activity that is regulated under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA). 

Violations

Using its fulfillment service, Amazon was illegally distributing unregistered and misbranded pesticide products that were sold and produced by companies outside the United States.  Pesticide products that are sold or distributed without a valid EPA registration (other than certain minimum risk products that are exempt from registration) are referred to as illegal pesticides. The distribution or sale of unregistered or misbranded pesticides is a violation of FIFRA.  These products included: “3pcs Cockroach Bugs Ants Roach Kills Chalk”, “Miraculous Insecticide Chalk”, “HUA Highly Effective Cockroach Killer Bait Powder”, “R.B.T.Z. Safe Highly Effective Roach Killer Bait Powder Indoor”, and “Green Leaf Powder Fly Killing Bait.”

On August 12, 2015, EPA issued a stop sale order against Amazon that prohibited it from further distributing or selling these products. EPA issued a second stop sale order against Amazon in January 2016 after discovering additional unregistered or misbranded insecticide bait products were being offered for sale on Amazon.com.

In response to these enforcement actions, Amazon immediately removed the products from the marketplace, prohibited foreign sellers from selling pesticides, and cooperated with EPA during its subsequent investigation. This enforcement action by EPA prompted Amazon to more aggressively monitor its website for illegal pesticides. This resulted in a robust compliance program comprised of a sophisticated computer-based screening system backed-up by numerous, trained staff.

Injunctive Relief

Under the terms of today’s agreement, Amazon will develop an online training course on pesticide regulations and policies that EPA believes will significantly reduce the number of illegal pesticides available through the online marketplace. The training will be available to the public and online marketers in English, Spanish and Chinese. Successful completion of the training will be mandatory for all entities planning to sell pesticides on Amazon.com.

Pollutant Impacts

As unregistered pesticides, these products have not been evaluated by EPA and can be dangerous to use. The active ingredients in these products can harm human health if the products are misapplied. Insecticidal chalk is considered to be especially hazardous to children as it mimics coloring chalk.

Health Effects & Environmental Benefits

Non-English speaking members of the public are at increased risk from these pesticides that are illegal in the U.S. but have long been used throughout Asia. These populations’ familiarity with these products make it more likely they will order them from online sources such as Amazon. By removing such products from Amazon’s online platform and by educating third party sellers on the hazards of these unregistered and misbranded pesticide products, this agreement will decrease the availability of these unsafe products and protect these vulnerable groups.

Civil Penalty

Amazon will also pay an administrative penalty of $1,215,700 as part of the consent agreement and final order entered into by Amazon and EPA’s regional office in Seattle, Washington.

Contact Information

Brett Dugan
U.S. EPA
Mail Stop ORC-113
1200 Sixth Ave., Suite 900
Seattle, WA 98101
dugan.brett@epa.gov

Tom Charlton
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460-0001
(202) 564-6960
charlton.tom@epa.gov

Yvette Hellyer
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460-0001
(202) 564-4033
hellyer.yvette@epa.gov