In a landmark decision that underscores the importance of adhering to federal pesticide laws, the Environmental Protection Agency (EPA) has imposed a significant penalty on CBD American Shaman LLC, a Missouri-based wellness company known for its cannabidiol (CBD) products. The EPA's action, announced on 6 December 2023, illuminates crucial aspects of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a regulatory framework that aims to safeguard public health and the environment from the potential hazards of biocides.
Background of the Violation
The EPA's investigation revealed that during the COVID-19 pandemic, CBD American Shaman engaged in the unlawful sale and distribution of six antimicrobial biocides, namely “Shaman Cleansing Wash” and “Shaman Cleansing Gel,” without obtaining the necessary registration. This contravention of FIFRA regulations raises significant concerns, particularly in a period marked by heightened reliance on sanitising products.
Consequences and Settlement
As a result of these violations, CBD American Shaman has agreed to a settlement involving a $120,720 civil penalty. Additionally, in a move reflecting corporate social responsibility, the company will donate $250,000 worth of products to Care Beyond the Boulevard, a Kansas City non-profit. This organisation, dedicated to providing medical services to the homeless and underserved populations, will receive medical equipment including COVID-19 tests, personal protective equipment, hand sanitisers, antiseptic wipes, masks, gloves, and thermometers. These donations, spread over five years, exemplify a commitment to rectify the company’s missteps by contributing positively to the community.
The Importance of EPA’s Pesticide Registration
David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division, emphasised the significance of pesticide registration. This process ensures that consumers are informed about a product's ingredients, safe usage, and proper disposal methods. The EPA's stringent registration protocols serve as a bulwark against the unauthorised distribution of potentially harmful substances, particularly in a sector as critical as public health.
The Wider Context
CBD American Shaman's case is not isolated. The pandemic witnessed a surge in the sales of unregistered pesticides, posing a challenge to regulatory authorities. The company’s extensive network, with over 300 locations across 30 states, further highlights the potential scale of the issue. The violations were uncovered during EPA inspections in 2021 at a company location in Overland Park, Kansas, and at the headquarters in Kansas City, Missouri.
Compliance and Prevention
For stakeholders in the chemical and wellness industries, this case serves as a pivotal reminder of the imperative to comply with federal chemical laws. Entities must ensure that all products, especially those with antimicrobial properties, are duly registered with the EPA. This not only safeguards public health but also fortifies the trust and credibility essential in the health and wellness sector.
The EPA’s action against CBD American Shaman LLC underlines the criticality of regulatory compliance, particularly in the realm of public health. As we navigate the complexities of a post-pandemic world, adherence to laws like FIFRA is not just a legal obligation but a moral one, ensuring the safety and well-being of consumers and the broader community.
