EPA Tells Coal Tar Companies to “Cease and Desist” in its “False and Misleading” Advertising

The Environmental Protection Agency (EPA) has sent a letter to a coal tar sealer supplier and contractor regarding “False and Misleading Statements” in connection with promotional literature distributed to some residents of Pomfret, Connecticut. Last July the product, Pavement Dressing Conditioner or “PDC” was applied to a residential drive.

The letter is the latest revelation in the ongoing dialog between the affected residents, local officials, the contractor and the regulatory community.

The EPA stated that the promotional literature’s statements and use of the EPA logo implied their endorsement of the product, but the EPA said the following:

“The U.S. EPA does not certify, endorse, promote or recommend any coal tar based asphalt sealants or rejuventors. Accordingly, the statements and logo images included in your literature are false and misleading. As a result, if the statements and U.S. EPA logos are not removed, we will refer the matter to the Federal Trade Commission.”

A local paper, the Norwich Bulletin, quoted the area’s local elected official Pomfret First Selectman Craig Baldwin.

“We have not received the (EPA’s) letter yet, but I anticipate getting in touch with Surtreat and K.A.E to find out why this information was given to us and, if necessary, consult with our lawyer,” he said. “We never had any intention of redistributing the fliers.”

Earlier this week an interview with a representative of the affected residents, John Dilorio, spoke with a local radio station about the letter and the issue. Here’s a link to the discussion on WINY.
Among other things they asked if Pomfret will be part of a flash point for a national discourse on coal tar products. Let’s hope so.