WILLIAMSPORT — Weis Markets has turned to federal court in an effort to get rid of nearly $650,000 worth of Tatanka brand disinfectant spray whose sales were banned by state Agriculture Department.
The Sunbury-based supermarket chain Friday filed a breach of contract suit in U.S. Middle District Court against SF Group and Tatanka Trading Co., both in Medford, N.J.
Tatanka is identified in the complaint as the manufacturer and marketer of the spray and SF Group as the importer and distributor.
Weis accuses them of ignoring product safety regulations “to make a quick profit” by importing household cleaning supplies and disinfectants to meet the demand of the COVID-19 pandemic.
The Agriculture Department on Dec. 15 notified Weis the spray was an illegal unregistered pesticide product in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Pennsylvania Pesticide Control Act (PPCA).
It ordered Weis to stop all sales and either return or destroy the product that is in pressurized aerosol containers.
Weis says it cannot safely or appropriately dispose of hazardous chemicals without subjecting itself to potential liability.
As neither the manufacturer nor the importer of the spray, it says it cannot register it even assuming it would meet all necessary requirements.
Weis claims the defendants have refused repeated requests to take possession or responsibility for the 17,725 cases spray of spray it has in inventory for which it paid $649,415.
It has asked Judge Matthew E. Brann to issue a preliminary injunction to require them to take immediate possession.
Weis claims it has suffered significant harm because it is unable to sell the spray for which in the fall of 2020 it placed nine orders totaling 24,192 cases at a cost of $897,710.
After four of the purchase orders were delivered, Weis last February sought to cancel the rest but it claims SF Group threatened litigation.
The supermarket chain also canceled 28 of the 50 purchase orders of paper towels. The total cost of the spay and towel orders that were canceled was $864,335, a court document states.
The parties reached a settlement agreement under which Weis paid SF Group $847,048 and took possession of ordered spray and towels. The towels are not part of the litigation.
Along with the purchase orders Weis says it provided SF Group with its recall policy that includes the provision that vendors are held accountable when products are non-compliant or otherwise defective.
Weis maintains the defendants by fulfilling the purchase orders accepted terms of the recall policy.
It accuses SF Group and Tatanka of breaching the implied warranty of merchantability and the covenant of good faith and fair dealing by delivering a nonconforming product that cannot be sold.
Besides the injunction, Weis is seeking damages in excess of $750,000 and a court order rescinding the contracts for the spray.
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