San Leandro, Calif.-based VF Outdoor, Inc. will pay $207,500 for allegedly making unsubstantiated public health claims such as providing “antimicrobial protection” and inhibiting the growth of “disease-causing bacteria” for more than 60 shoe products it sold a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
The products were sold under The North Face label by VF Outdoor. Products discovered online and evidence found at a North Face retail store in San Francisco led EPA to issue a complaint against VF Outdoor in 2009.
The settlement was among four the U.S. Environmental Protection Agency announced late last week involving three California companies and one New Jersey firm. The firms paid more than $500,000 to resolve cases involving unsubstantiated antimicrobial claims for commonly used products such as shoes, headphones and bathroom fixtures.
EPA’s authority to assess penalties in these settlements stems from FIFRA, which requires that companies register pesticide products with EPA before making claims about their ability to control germs or pathogens.
While the North Face products all incorporated EPA-registered silver-based antimicrobial compounds to protect them against deterioration, they were never tested or registered to protect consumers against bacteria, fungus, mold, and/or mildew.
“We’re seeing more and more consumer products making a wide variety of antimicrobial claims,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest region. “Whether they involve shoes, headphones, or household fixtures, EPA takes these unsubstantiated public health claims very seriously.”
Under FIFRA, products that claim to kill or repel bacteria or germs are considered pesticides, and must be registered with the EPA prior to distribution or sale. The Agency will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the label directions. Consumers should be careful to look for the EPA registration number printed on product labels, and need to follow the label directions for use.
Guidance for businesses on treated articles: http://www.epa.gov/PR_Notices/pr2000-1.pdf
Guidance for businesses on treated articles: http://www.epa.gov/PR_Notices/pr2000-1.pdf