Federal prosecutors charged a Florida paint and coatings manufacturer with conspiring to unlawfully produce and continue sales of a bottom paint containing the pesticide tributyltin methacrylate, or TBT, and falsely representing to customers and distributors that it was in compliance with federal law. Attorneys representing the company said in court documents that the company’s actions were always made “in good faith and without the intent or knowledge to violate the law.”
An 11-count indictment handed down in South Florida’s U.S. District Court Feb. 7 says that New Nautical Coatings Inc. — manufacturer of Sea Hawk Paints — and company executives concealed unlawful production and sales of Biocop by falsely representing to their customers and main distributor that the antifouling paint was in compliance with Environmental Protection Agency law.
The indictment said that New Nautical maintained a website stating “Biocop is a copper and tin-based copolymer formulation that blends the benefits of a hard base with TBT and copper for the highest level of antifouling protection.” The indictment states that the website went on to say “Biocop outperforms every other comparable paint that is on the market today” and “due to its pesticide content, its use is most appropriate in areas of aggressive marine growth.”
Documents filed earlier this month on behalf of New Nautical Coatings president David Norrie requesting a trial delay said the company is not guilty. U.S. District Judge Ursula Ungaro has agreed to postpone the trial until Sept. 22.
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