The U.S. Environmental Protection Agency has VF Corp., claiming The North Face made unsubstantiated public health claims regarding unregistered products, and their ability to control germs and pathogens. In response, VF Outdoor, TNF's parent, said the EPA had “not made any claims that The North Face products are unsafe or contain any unsafe substances” and it had immediately removed the hang tags when it found out about the objectionable claims.

The U.S. Environmental Protection Agency said the sale and distribution of unregistered pesticides through The North Face violates the Federal Insecticide, Fungicide, and Rodenticide Act. Products discovered online and evidence found at The North Face retail store in San Francisco led the Agency to issue a complaint against the VF Corp.

“The EPA takes very seriously its responsibility to enforce against companies that sell products with unsubstantiated antimicrobial properties,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest region. “Unverified public health claims can lead people to believe they are protected from disease-causing organisms when, in fact, they may not be.”

In a statement, Steve Rendle, president, VF Outdoor Americas, said, “VF Outdoor, Inc. is dedicated to manufacturing and distributing high quality The North Face products that are safe for our consumers. We also have a strong commitment to protecting our natural world today and for future generations.  The EPA's recent claims against The North Face products are based solely on descriptive statements online and on hang tags respecting sales of certain styles of footwear that occurred between January 2008 and March 2008. The EPA has not made any claims that The North Face products are unsafe or contain any unsafe substances. Although we dispute their assertions, when we were contacted by EPA regarding their concerns in March 2008, we immediately stopped making the claims they found objectionable, removed them from hang tags and our website, and revised the product packaging accordingly.”

At issue were more than 70 styles of footwear that incorporated an AgION silver treated footbed. The company sold the products making unsubstantiated claims that the footwear would prevent disease-causing bacteria. Specifically, The North Face made the following public health claims about the footwear on-line and on product packaging: 

  • “AgION antimicrobial silver agent inhibits the growth of disease-causing bacteria”
  • “Prevents bacterial and fungal growth”
  • Continuous release of antimicrobial agents

After being contacted by EPA, the agency said The North Face stopped making claims that their footwear protects against germs, removed claims from their website, and revised their product packaging.

Products that 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 directions. Consumers should be careful to look for the EPA registration number printed on product labels, and to follow the directions for proper use.