Evan Morgan, Pesticide Fraud, Ohio 2023

DAYTON, OH – DEM Technology LLC and its owner, Evan Morgan, have been sentenced following a guilty plea to federal charges stemming from the illegal sale of an unregistered disinfectant fogger. The company, based in Dayton, Ohio, knowingly marketed and sold its surface spray, SaniGuard, as a “Total Release Fogger” capable of sanitizing entire rooms – a claim never substantiated by required safety or efficacy data.

According to court documents, DEM Technology began producing SaniGuard in 1996, initially registering it with the Environmental Protection Agency (EPA) as a surface spray. However, the company soon expanded its marketing to include the fogger application, promising complete room disinfection within 10-15 minutes and boasting a 99.99% kill rate of bacteria, viruses, and fungi, including dangerous pathogens like H1N1, E-Coli, MRSA, and Salmonella. These claims were made without conducting, or submitting, the necessary testing to prove their validity, violating federal regulations.

The EPA repeatedly notified DEM Technology of the illegal fogging application, starting as early as 2004. These communications urged the company to remove fogging language from its product labels. In 2015, a consent order was issued, requiring DEM to pay a civil penalty for continued sales of the unregistered fogger. Despite these warnings and the financial penalty, DEM Technology persisted in producing and selling the Total Release Fogger for four additional years – 2015 through 2018 – demonstrating a blatant disregard for federal law and public safety.

The case highlights a critical issue within the pesticide industry: the potential dangers of unverified disinfectant claims. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) mandates rigorous testing and registration procedures to ensure that pesticides – which include sanitizers and disinfectants – are both effective and safe for their intended use. By circumventing these regulations, DEM Technology put consumers at risk, potentially exposing them to ineffective products and unknown health hazards.

On January 19, 2023, DEM Technology was sentenced to a two-year term of organizational probation, to be served concurrently on each count. As part of the probation, the company must submit all product labels to the EPA for approval, undergo FIFRA training for all personnel, and provide written notice to customers and third-party sellers regarding the product’s legitimate claims and efficacy. Additionally, the company was ordered to pay a $175,000 fine and a $500 special assessment. Evan Morgan received a two-year term of probation, 100 hours of community service, and a $100 fine.

Table of Contents

Key Facts:

Defendant: DEM Technology LLC and Evan Morgan
Location: Dayton, Ohio
Crime: Sale of an unregistered pesticide (disinfectant fogger) with unsubstantiated claims.
Statutes Violated: 7 U.S.C. 136j(a)(1)(B), 7 U.S.C. 136j(a)(1)(A) – Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Penalties: DEM Technology – $175,000 fine, 2 years organizational probation, label review, FIFRA training, customer notification. Evan Morgan – 2 years probation, 100 hours community service, $100 fine.
Timeline: Illegal sales continued from 2004-2018 despite repeated EPA warnings and a prior consent order.

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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