May 16, 2011

Steve Bradbury

Office of Pesticide Programs, 750P

U.S. Environmental Protection Agency

1200 Pennsylvania Ave. NW

Washington, DC 20460

Dear Director Bradbury,

RE: Cancellation of rodenticide products that do not conform to the new risk mitigation measures

The Final Risk Mitigation Decision for 10 Rodenticides published by the EPA in 2008 (hereafter referred to as 

EPA) require that all products sold over the counter beginning June 4, 2011 conform to specific packaging designed to 

reduce incidental harm to humans and wildlife.

1

 In that notice, the EPA made clear that rodenticide manufacturers that 

did not conform to the new risk mitigation measures would face Agency action to force the removal of those noncompliant products from the market (EPA at 28) because they would be unlawful under FIFRA (EPA at 30). In 

anticipation of the June deadline and the knowledge of at least one rodenticide manufacturer’s stated intention to 

ignore the EPA’s explicit directions, American Bird Conservancy and other wildlife conservation and public interest 

groups signing this letter urge the EPA to immediately take presumptive steps to cancel all products that do not conform 

to the new mandatory risk mitigation measures. 

As you will recall, the EPA decided to implement new risk mitigation procedures for ten rodenticides because of 

the unacceptable risks to children, pets, and non-target wildlife in 2008. The EPA-mandated changes to household 

rodenticides (mouse or rat bait products) include switching bait products to tamper- and weather-resistant bait stations, 

limiting the amount of bait sold to residential consumers, and restricting the use of second-generation active ingredients

(EPA at 17-19). 

It has come to our attention that Reckitt Benckiser, Inc. has publicly declared its intention to flout the EPA’s 

safety measures for its d-Con® brand. Therefore, we request that the EPA take immediate measures to ensure Reckitt 

Benckiser conforms to the new risk mitigation measures, and to pull its product from the retail market if it fails to come 

swiftly into compliance.

It is unacceptable for a major pesticide company to blatantly ignore the risk mitigation measures after the 

Agency has conducted years of research and risk assessments, and developed a plan to which all companies were given 

ample time to conform. The EPA’s risk mitigation measures were developed because of human health dangers in urban 

communities, and in response to more than 10,000 calls to poison control centers annually. The sale of an unregistered 

product after the phase-out period presents an imminent hazard to children, pets, and wildlife, and we strongly believe 

it is grounds for suspension under FIFRA section 6(c). We feel this is an issue to which the EPA enforcement division 

must immediately respond with decisive action. 

If EPA fails to take rapid and meaningful action to cancel products that are not in compliance with the mitigation 

requirements of its Risk Mitigation Decision (EPA 2008), then it would constitute a violation of FIFRA by allowing 

products on the market that cannot meet the safety standard of FIFRA and FQPA.

 1 EPA. 2008. Final Risk Mitigation Decision for 10 Rodenticides. May 28, 2008, revised June 24, 2008.

Document EPA-HQ-OPP-2006-0955-0764. http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP2006-0955-0764

See website for more information

http://www.epa.gov/opp00001/reregistration/rodenticides/finalriskdecision.htm
Lastly, we request a meeting with the Agency to discuss what actions will be taken if Reckitt Benckiser, Inc.,

continues to market products that violate FIFRA.

Thank you in advance for your continued interest and leadership on matters of environmental protection and 

public health.

Sincerely,

Michael Fry, PhD

American Bird Conservancy

Nichelle Harriott

Beyond Pesticides

Patty Clary

Californians for Alternatives to Toxics

Caroline Cox

Center for Environmental Health

Caroline Kennedy

Defenders of Wildlife

Chris Geiger, Ph.D.

IPM Program Manager

Aimee Code, M.S.

Northwest Center for Alternatives to Pesticides

Karl Tupper

Pesticide Action Network of North America

Diana Post, VMD

Rachel Carson Council

Lynn Carroll, Ph.D.

TEDX (The Endocrine Disruption Exchange)

Jeff Lincer, PhD

Wildlife Research Institute