Tommy McCathron, Pesticide Fraud, Illinois 2019

Chicago, IL – Tommy McCathron, a former Illinois resident, was sentenced to 60 days in federal prison in July 2019 for illegally manufacturing and distributing an unregistered pesticide, primarily targeting the burgeoning legal cannabis industry. McCathron’s scheme, operating between April 2014 and January 2016, involved the creation, sale, and nationwide shipment of a product deceptively marketed as a natural pest control solution.

According to court documents, McCathron developed a pesticide dubbed “Guardian,” specifically designed to combat spider mites affecting plants – with a clear focus on marijuana cultivation in states where it was becoming legalized. The product was concocted and bottled in McCathron’s home, then distributed to individuals and businesses across the country, with a heavy concentration of sales in Oregon, Washington, and Colorado. Over the roughly two-year period, McCathron’s corporation generated approximately $285,313.42 in revenue from Guardian sales.

The fraud lay in the product’s composition and labeling. While marketed as “100% Natural” and “exempt from registration” under a specific clause of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), McCathron secretly added abamectin, a potent insecticide, to the Guardian formula. This addition *required* federal registration with the Environmental Protection Agency (EPA), a step McCathron deliberately bypassed. Labels prominently listed ingredients like cinnamon oil, lemon grass oil, and citric acid, intentionally omitting any mention of the dangerous and regulated abamectin.

Federal prosecutors argued that McCathron knowingly misled consumers by falsely portraying Guardian as a safe, natural alternative when it contained a synthetic pesticide with potential health and environmental risks. The deliberate omission of abamectin on the product label constituted a serious violation of federal law, designed to protect both applicators and the environment from harmful pesticides. The investigation revealed McCathron prioritized profit over public safety and regulatory compliance.

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Key Facts

Defendant: Tommy McCathron
Location: Illinois (manufacturing & distribution)
Dates of Crime: April 2014 – January 2016
Product: “Guardian” – an unregistered pesticide
Target Market: Marijuana growers in legal cannabis states (Oregon, Washington, Colorado)
Revenue: $285,313.42
Key Ingredient Concealed: Abamectin

Legal Ramifications

McCathron was convicted of violating 7 U.S.C. 136j(a)(1)(A), a section of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This statute prohibits the distribution of unregistered pesticides. The penalty for such violations can include fines and imprisonment. In this case, McCathron received a 60-day prison sentence. The EPA’s Criminal Enforcement Division continues to aggressively pursue individuals and companies that violate pesticide regulations, emphasizing the agency’s commitment to protecting human health and the environment.

The case highlights the growing challenges faced by regulators as the legal cannabis industry expands and creates a demand for specialized pest control products. Authorities warn that consumers and businesses must remain vigilant, verifying that all pesticides used are properly registered and labeled, and that claims of “natural” or “exempt” status are substantiated.

Source: EPA ECHO Enforcement Case Database

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