A Lincoln man has been sentenced for selling an unregistered pesticide during the COVID-19 pandemic, claiming it could help combat the virus.
Brandon Weber, 47, was sentenced by United States Magistrate Judge Cheryl R. Zwart on May 20, 2021, to one year of probation for the Unlawful Sale of an Unregistered Pesticide.
Weber was ordered to pay a $300 fine.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq., regulates the distribution, sale, and use of all pesticides in the United States, including antimicrobial pesticides.
Weber posted an advertisement on Craigslist for a product he advertised as ‘Ionic Colloidal Silver’ on April 5, 2020, claiming it could be used as a disinfectant to help combat the coronavirus.
On April 6, 2020, Weber posted a second advertisement claiming the product could be sprayed on homemade masks and kill germs.
However, the ‘Ionic Colloidal Silver’ product was not registered with the Environmental Protection Agency (EPA), and Weber knew it was not registered.
On April 17, 2020, an undercover agent with the EPA met with Weber to purchase five one-gallon bottles of the product at a cost of $40 per gallon for a total of $200.
During the meeting, Weber told the undercover agent he was producing the product at his home and could produce five to ten gallons per day.
The ‘Ionic Colloidal Silver’ product was submitted to the EPA’s National Enforcement Investigations Center (NEIC) for testing, and the NEIC found that the concentration of silver was greater than the 20ppm of the product advertised.
Weber was interviewed and admitted to posting the advertisements to sell the ‘Ionic Colloidal Silver’ and distributing a sample to the Nebraska State Patrol.
The case was investigated by the EPA and the Nebraska State Patrol.
Weber’s sentence was handed down by United States Magistrate Judge Cheryl R. Zwart on May 20, 2021.
Key Facts
- State: Nebraska
- Category: Environmental Crimes
- Source: DOJ Press Release â†â€â€
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