EPA And CBP Intensify Import Enforcement On Pesticides, Toxic Chemicals, And Polluting Products: EPA Reports Unprecedented Enforcement Results—Key Insights For Importers, Distributors, And Retailers

What You Need to Know

• Key takeaway #1

EPA's self-announced "Crackdown" on illegal pesticide and chemical imports is active, well-resourced, and operating at ports of entry right now.

• Key takeaway #2

The regulated product universe is wider than most importers assume; for instance, UV devices, air purifiers, and common consumer goods all qualify as pesticide devices subject to FIFRA and are all under EPA's new increased enforcement scrutiny.

• Key takeaway #3

This EPA enforcement effort coordinates with CBP providing border-inspection support and increases the likelihood that routine customs encounters escalate to costly EPA enforcement actions.

The Trump Administration announced an escalation in import enforcement, launching broader investigations to address illegal pesticides, chemicals, and other products entering the US. Led by the EPA, with CBP providing critical border support and inspections at ports, the initiative targets violations of laws such as the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), the Clean Air Act (CAA), and smuggling statutes through real-time inspections. EPA calls this move a dramatic expansion of its "imports investigative capacity and enforcement scope," focusing on companies importing, distributing, or selling regulated consumer products or relying on foreign manufacturers. This coordination highlights the broad range of scrutinized products, including consumer goods companies may not know are regulated as pesticide devices. This is not a trend to ignore. In December 2025, EPA broadcast its coordinated initiative with CBP to "Crackdown on Toxic and Poisonous Imports" by preventing harmful, noncompliant products from entering the US. EPA indicated that this joint effort blocked entry of over 1.6 million pounds of illegal pesticide imports, alongside broader enforcement actions targeting other chemical and polluting products. See Dec. 23, 2025, EPA Press Release. EPA indicated that this accelerated import enforcement initiative directly supports the Administration's Make America Healthy Again strategy.

EPA Claims Strongest Enforcement Achievements in Years

In a March 9, 2026, press announcement, EPA presented its 43-page Enforcement and Compliance Annual Results Report for Fiscal Year 2025, claiming "some of the strongest enforcement results in years." See Mar. 9, 2026, EPA Press Release. The report indicated EPA delivered considerable actions in 2025 including the highest number of resolutions in civil enforcement cases in nine years — approximately 2,100 — while reducing 116 million pounds of pollution, obtaining more than $6.4 billion from companies to "return facilities to compliance," and collecting more than $652 million in civil penalties. Specific to EPA's illegal pesticide import enforcement initiative, EPA assessed over $10.6 millionin penalties under FIFRA for violations ranging from failing to register pesticides (including ingredients) to mislabeling or misbranding of everyday products (e.g., air filters).

EPA further stated it criminally charged the most defendants in almost a decade—the agency indicted 156 defendants, opened 187 cases, and received more than $600 million in fines, restitution and other court-ordered payments. The report also highlighted key criminal import cases involving violations of the CAA.

The report, which details significant penalties, boasts more robust enforcement actions compared to the prior administrations. At first glance, this heightened enforcement appears to contradict EPA's recently announced "Compliance First" policy, which emphasizes promoting environmental compliance through civil and administrative actions rather than prosecutions. However, the policy does not signal a decrease in enforcement activity; instead, it reflects a commitment to pursue enforcement actions grounded in clear and unambiguous interpretations of federal law.¹Similarly, the 2025 Annual Results Report affirms that EPA's criminal enforcement actions are "reserved for the most egregious violators," targeting evident violations with the "most defensible interpretations" of federal environmental laws. See Mar. 9, 2026, EPA Press Release. While it remains uncertain whether the Report's enforcement actions stem from investigations begun in 2025 or earlier, it is evident that this enforcement initiative is a clear priority for the current administration.

Who Is Affected: A Broader Regulated Universe Than Many Companies Realize

The scope of EPA's pesticides import enforcement extends well beyond traditional agricultural pesticides. Under FIFRA, for example, any company that imports, distributes, or sells products into the US marketplace that either are pesticides or make pesticidal claims — including antimicrobial, disinfecting, germicidal, or safe to use or pest-repellent claims — is within EPA's enforcement scope. This includes:

• Agricultural chemical importers and distributors
• Consumer product companies selling pest-control or antimicrobial products
• Electronics and appliance manufacturers or importers whose products incorporate UV-C or germicidal components
• Retailers who source these products from foreign manufacturers, even where the retailer is not itself the importer of record.

Examples of FIFRA-targeted products include misbranded UV pesticide sterilizers; germicidal lamps; air purifiers; steam mops; antimicrobial work gloves; disinfecting wipes; and citronella candles. In addition, failure to file required Notices of Arrival could also trigger penalty exposure. As evident in the Report, the financial exposure in this area is substantial. Beyond financial penalties, companies also face the risk of product seizure, entry denial, Stop Sale, Use, or Removal Orders (SSUROs), and the reputational harm that accompanies a public enforcement action. See EPA Guide to Pesticides Imports Enforcement.

Conclusion: Act Now, Not After an Enforcement Action

EPA's import enforcement initiative is not speculative — it is operational and actively targeting shipments at US ports today. The agency has made clear that it views the illegal pesticide and chemical import trade as both a public health threat and an unfair competitive advantage for noncompliant importers over domestic manufacturers who follow federal law.

Companies that take proactive steps now — reviewing the regulatory status of their products (including the claims made for those products), filing required notices, auditing supply chains, and training customs teams — are in a better position to avoid costly and disruptive enforcement actions, as well as considerable delays involved when working with EPA to correct product information before release of shipments on a hold status.

Footnote

1. For overview of the policy, see S. Geis & S. Patel, Aligning With EPA's "Compliance First" Enforcement Policy, Law360 (Jan. 15, 2026), https://www.law360.com/articles/2429878/aligning-with-epa-s-compliance-first-enforcement-policy.

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