USEPA Fines Samsung for Antimicrobial Claims About Keyboards
This post was written by David Wagner.
The U.S. Environmental Protection Agency (USEPA) is continuing its enforcement efforts against manufacturers who claim that their products contain antimicrobial properties without registering the product as a pesticide under the federal pesticide law. On October 21, 2009, USEPA fined Samsung $205,000 for violating the federal fungicide, insecticide and rodenticide act (FIFRA) by failing to register its products with USEPA when it publicized that its keyboards, produced with nanosilver, were antimicrobial and inhibited germs and bacteria. FIFRA prohibits unsubstantiated public health claims regarding unregistered products. According to USEPA, the health-related claims made on the company's labels and promotional material for netbook and notebook computer laptops would render the products pesticides, requiring registration under the law. In addition to the fine, Samsung must provide a certification that it has complied with fifra by removing all pesticidal claims made in connection with the sales and distributions of these products. Samsung also agreed to notify its retailers and distributors to remove any pesticidal claims from labels, promotional brochures and internet/web-based content for the subject products.
This is the second FIFRA enforcement action in the last two months targeting consumer products. In September, USEPA filed a lawsuit against the North Face Company alleging that they sold shoes containing an unregistered pesticide and made unverified health-related claims for about 70 shoe products using agion silver ion technology. If you have questions regarding whether your product claims could require registration under FIFRA, you should have them reviewed by counsel with expertise in this area.
