d-Con Manufacturer Contests EPA Decision

Reckitt Benckiser, on March 6, formally appealed the Jan. 30 action by the U.S. Environmental Protection Agency seeking a federal ban on the sale of 12 d-CON rodenticides.

March 15, 2013

WASHINGTON — Reckitt Benckiser, on March 6, formally appealed the Jan. 30 action by the U.S. Environmental Protection Agency (EPA) seeking a federal ban on the sale of 12 d-CON rodenticides.

On Jan. 30, EPA announced its intent to cancel the registration of certain do-it-yourself rodent control products, in which the Agency wrote, “The U.S. Environmental Protection Agency is moving to ban the sale of 12 D-Con mouse and rat poison products produced by Reckitt Benckiser Inc. because these products fail to comply with current EPA safety standards. Approximately 10,000 children a year are accidentally exposed to mouse and rat baits; EPA has worked cooperatively with companies to ensure that products are both safe to use around children and effective for consumers. Reckitt Benckiser Inc., maker of D-Con brand products, is the only rodenticide producer that has refused to adopt EPA’s safety standards for all of its consumer use products.”

This decision was supported by the National Pest Management Association. Bob Rosenberg, executive vice president of NPMA, said, "The EPA restrictions will prohibit the use of potentially dangerous loose baits and products that pose risks to wildlife when misused by people who are untrained and unlicensed to ensure their safe application, but will reserve the rights for use by professionals when needed. This important decision underscores the need for professionalism in treatment and allows the pest management industry to retain the means for providing effective, affordable services that protect consumers from rodent-borne dangers."

After the Federal Register publication of the Notice of Intent to Cancel, Reckitt Benckiser had 30 days to request a hearing before an EPA Administrative Law Judge, which it did on March 6. Reckitt Benckiser will be allowed to continue marketing d-CON while the case is being appealed.

Additional source: EarthJustice.org