Since the SARS-CoV-2 pandemic began, many companies have continued to develop antimicrobial products and devices to address health and safety concerns. Many of those companies are surprised to learn that the way in which they are marketing their products may subject them to regulation by EPA under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
If your company’s product marketing includes a “pesticidal claim,” the product is regulated under FIFRA, and it is subject to requirements for EPA and state registrations, reporting, import notices, and compliant product claims and labeling. The failure to comply with FIFRA can result in an EPA order to stop the sale of the product and the issuance of large civil or criminal penalties. Below is a summary of how FIFRA is triggered and of its key requirements.