BIOPROTECT STOP SALE
EPA orders Philadelphia company to stop making inaccurate health claims about pesticide

03/31/2021 Contact Information:  EPA Region 3 Press Office

PHILADELPHIA (March 31, 2021) — The U.S. Environmental Protection Agency (EPA) has ordered ViaClean Technologies, operating in Philadelphia, to stop marketing the pesticide BioProtect RTU with claims that it is effective against surfaces from public health related pathogens such as the coronavirus.

Although the product is registered to inhibit the growth of “non-public health” microorganisms, it is not registered to address “public health” pathogens. EPA is concerned that customers may have used this product as protection from a virus – such as the coronavirus — in lieu of other EPA-approved disinfection methods.

“Improperly marketed pesticides, especially during a pandemic, may cause injury to consumers,” said Acting EPA Mid-Atlantic Region Administrator Diana Esher. “EPA remains vigilant and will continue to protect the health and safety of Americans from products that have false or misleading public health claims.”

ViaClean provided two BioProtect RTU fact sheets containing public health claims to at least one customer, including the statement that the pesticide can be used to kill “germs.”

Some online distributors, cleaning services, and end-recipients of BioProtect RTU were also making unsubstantiated claims that this product is effective against pathogens, germs, disease-causing bacteria, viruses, and/or the novel coronavirus for up to 90 days.

EPA issued a Stop Sale, Use or Removal Order to prevent BioProtectRTU from continuing to sell this product with public health claims that have not been substantiated through the pesticide registration process.

Under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), products that claim to kill or repel bacteria or germs, including disinfectants, are considered pesticides and must be registered with the EPA. Public health claims can only be made regarding products that have been properly tested and are registered with the EPA.

EPA has released an expanded list of EPA-registered disinfectant products that have qualified for use against SARS-CoV-2, the novel coronavirus that causes COVID-19. List-N contains over 460 additional products—including products that went through the expedited review process for emerging viral pathogens.

To view the most up-to-date list of EPA-registered disinfectant products, visit https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2

For more information on EPA resources on the coronavirus disease (COVID-19): https://www.epa.gov/coronavirus

For more information on pesticides, please visit: http://www.epa.gov/pesticides   

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DISCLAIMER:

ESG Safe staff searched the internet to learn more about the referenced products. Since the specific literature in question is unknown, it’s hard to discern whether any literature on the web now is related to the stop order. The image shown contains content that was publicly obtained from an internet reseller. It has the word germs but there’s now way to know if it contributed to the violation. Note, disinfectants are regulated by the EPA under the category pesticides as there is no specific category for disinfectants.

Products distributed by ESG Safe always meet government requirements and are verifiable on various agency web sites.

epa disinfectant FN NANO illegal
U.S. EPA orders Nevada and California companies to stop selling illegal disinfectants

SAN FRANCISO – The U.S. Environmental Protection Agency (EPA) has ordered Macoma, LLC and FN Nano, Inc., located in Las Vegas and Reno, Nevada, as well as JT Construction Group, Inc. and BZ Nano, located in Glendale, California, to stop selling the unregistered disinfectant FN Nano Photocatalytic coatings, aka FN Coatings, FN NANO2 Photocatalytic Film. This product is an unregistered disinfectant pesticide being sold in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Such practices are particularly problematic during the COVID-19 pandemic, and EPA will continue to take enforcement actions such as this ‘Stop Sale’ order to protect public health.

EPA has issued the ‘Stop Sale’ order to prevent the companies from continuing to distribute or offer for sale these unregistered disinfectants. The products have been available for sale on their websites and are marketed for use in medical facilities, schools, offices, and homes.

“Effective disinfectants are vital to our communities in a pandemic.,” said EPA Pacific Southwest Enforcement Director Amy Miller. “If disinfectants are not registered, not effective, or make false claims, EPA will take action.”

Public health claims for pesticide products, including disinfectants, can only be made following proper testing and registration with the EPA. The agency will not register a pesticide until it has been determined the product will not pose an unreasonable risk to human health when used according to the label directions. Unregistered products can be harmful to human health, cause adverse effects, and may not be effective against the spread of germs.

To view the most up-to-date list of EPA-registered disinfectant products, visit https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2

Press release source: https://www.epa.gov/newsreleases/us-epa-orders-nevada-and-california-companies-stop-selling-illegal-disinfectants

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ESG Safe staff searched the internet to see if the products are still being marketed and sold. The answer is yes. No information regarding a response or whether they are currently seeking to get their products registered for sale in the US was found as of April 9, 2021. Products distributed by ESG Safe always meet government requirements and are verifiable on various agency web sites.