Jonathan Paul Gershman, Pesticide Misuse, California 2021

LOS ANGELES, CA – Jonathan Paul Gershman has been sentenced to two years of probation and ordered to pay a $10,000 fine for illegally using pesticides in an attempt to disinfect properties against COVID-19, the Department of Justice confirmed this week. The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, highlights a troubling instance of individuals exploiting the pandemic for profit and disregarding public health regulations.

According to court documents, Gershman knowingly and willfully violated federal law by directing the application of two registered pesticides—the specific names of which have not been publicly released—as a means of eliminating SARS-CoV-2, the virus causing COVID-19, at a local business and a private residence in April 2020. Crucially, these pesticides had *not* been approved by the EPA for use against the virus, rendering the application both illegal and potentially dangerous.

The EPA’s regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are strict regarding pesticide application. FIFRA exists to protect human health and the environment by ensuring pesticides are used safely and effectively. Using a pesticide in a manner inconsistent with its labeling is a federal crime, and the EPA aggressively pursues enforcement actions against those who violate these regulations. In this instance, Gershman’s actions circumvented the rigorous testing and approval processes designed to evaluate the safety and efficacy of disinfectants against emerging pathogens.

Investigators found that Gershman specifically instructed applicators to “fog” the properties with the pesticides, a method not authorized for COVID-19 disinfection on the product labels. This method increased the risk of exposure for both the applicators and the occupants of the buildings. The EPA emphasizes that simply because a product is a registered pesticide does not mean it is effective against all pathogens, or that it can be applied in any manner desired. Proper use, as outlined on the label, is paramount.

Key Facts

Defendant: Jonathan Paul Gershman
Location: California
Year: 2021
Statutes Violated: 7 U.S.C. 136l(b)(2), 7 U.S.C. 136j(a)(2)(G) – Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Sentence: 24 months probation and $10,000 fine.
Crime: Illegal use of pesticides to claim COVID-19 disinfection.

The sentencing of Gershman sends a clear message that the EPA will not tolerate the misuse of pesticides, particularly when fueled by pandemic-related anxieties. “The EPA’s criminal enforcement program is committed to holding accountable those who put human health and the environment at risk,” stated a spokesperson for the agency. “This case demonstrates the importance of following label instructions and relying on EPA-approved disinfectants for effective and safe COVID-19 prevention.” The GrimyTimes will continue to follow this case and report on any further developments.

The case was prosecuted by the Environmental Crimes Section of the Department of Justice’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Central District of California. Individuals suspecting illegal pesticide use are encouraged to report it to the EPA.

Source: EPA ECHO Enforcement Case Database

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