EPA Fines Grocery Store Chains for Distribution of Illegal Disinfectants

On Dec. 2, the Environmental Protection Agency (EPA) settled with Chedraui USA Inc., doing business as El Super and Smart & Final Stores LLC, for violating federal pesticide law by distributing illegal disinfectants in their stores in Arizona, California, and Nevada. Under the settlement, Chedraui will pay a penalty of US$472,369 to resolve the claims. As a result of EPA’s action, the illegal disinfectants were removed from stores. 

“Unregistered disinfectants can not only be ineffective, but can contain dangerous ingredients,” said EPA Pacific Southwest Region Enforcement and Compliance Assurance Division Director Amy Miller. “Companies have a responsibility to protect their customers from illegal, potentially harmful disinfectant products, and can do so by making sure they are registered with EPA.”

Under the Federal Insecticide, Fungicide, and Rodenticide Act, EPA regulates the sale and distribution of disinfectants to halt products that may be ineffective or harmful. The regulations require that disinfectants are registered with EPA. Chedraui USA Inc. is a Mexican company that owns the grocery store chains El Super and Smart & Final.

Based on inspections that the California Department of Pesticide Regulation and EPA performed in 2021, EPA found that the El Super store in Santa Ana, California, and the Smart & Final store in Hayward, California, were both selling unregistered disinfectants with labels making unverified statements about effectiveness against microorganisms. Further investigation revealed that the grocery store chains widely distributed these disinfectants on numerous occasions to store locations throughout Arizona, California, and Nevada.  

At the El Super in Santa Ana, EPA found that two of the pesticides being sold, S&C Sanitizer and S&C Disinfectant, had quaternary ammonia, a product with high toxicity that requires a “danger” label. EPA found that these and another product, Prinex Sanysol, contained unverified statements about their effectiveness. EPA found El Super distributed these products on at least 61 occasions. 

At the Smart & Final in Hayward, EPA found a product named Perfect Professional Advanced Multi-Surface Sanitizer that made unverified statements about its ability to kill germs. EPA found Smart & Final distributed this unregistered pesticide on at least 53 occasions.

Chedraui and Smart & Final have confirmed these products are no longer being distributed to or sold in their stores.