Brandon Weber, Unlawful sale of an unregistered pesticide, Nebraska 2020

Lincoln, Nebraska – Brandon Weber has been sentenced to one year of probation and ordered to pay a $300 fine after being convicted of illegally selling an unregistered disinfectant, federal authorities announced. The case, investigated by the Environmental Protection Agency (EPA), highlights the dangers of unregulated antimicrobial products, particularly those marketed during periods of heightened public health concern.

According to court documents, Weber advertised and sold a product labeled “Ionic Colloidal Silver” through Craigslist in April 2020. The advertisements, targeted towards the Lincoln, Nebraska area, falsely claimed the product could disinfect homemade masks and kill germs, even providing lasting protection with repeated application. Weber further misrepresented the product’s efficacy, referencing a document linking it to effectiveness against the 2009 H1N1 flu strain – a claim not vetted or approved by the EPA. The advertisements specifically pitched the product as a solution to help with the emerging COVID-19 pandemic.

The EPA’s investigation began when an undercover agent purchased five gallons of the “Ionic Colloidal Silver” from Weber for $200. During the transaction, Weber admitted to manufacturing the product in his home, boasting a daily production capacity of five to ten gallons. He instructed the agent on its use as a mask disinfectant and hand sanitizer, providing supporting documentation he claimed explained the product’s antibacterial properties. A sample was also provided to the Nebraska State Patrol for analysis.

Subsequent testing by the EPA’s National Enforcement Investigations Center (NEIC) revealed that the product contained a silver concentration *higher* than the 20ppm advertised by Weber. More critically, the product was never registered with the EPA as a pesticide, a legal requirement for any substance intended to kill or suppress microorganisms. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) mandates EPA registration to ensure the safety and efficacy of such products before they are sold to the public.

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Key Facts

Defendant: Brandon Weber
Location: Lincoln, Nebraska
Crime: Unlawful sale of an unregistered pesticide (antimicrobial disinfectant)
Statutes Violated: 7 U.S.C. 136l(b)(1)(A), 7 U.S.C. 136j(a)(1)(A) – Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Penalty: One year of probation and a $300 fine
Date of Sentencing: May 20, 2021

“This case serves as a stark reminder that claims of antimicrobial efficacy must be supported by rigorous testing and approved by the EPA,” stated an EPA spokesperson. “Selling unregistered pesticides not only violates federal law but also poses a potential risk to public health. Consumers rely on the EPA to ensure that products claiming to kill viruses and bacteria are safe and effective.” The EPA continues to actively investigate and prosecute individuals and companies who illegally distribute unregistered pesticides, especially during times of public health crises when such products are heavily marketed.

Weber’s conviction underscores the importance of verifying EPA registration numbers before purchasing antimicrobial products. Consumers can search for registered products on the EPA’s website to ensure they are using safe and effective disinfectants. The GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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