Bergeson & Campbell, P.C. serves small, medium, and large pesticide product registrants and other stakeholders in the agricultural and biocidal sectors, in virtually every aspect of pesticide law, policy, science, and regulation.

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“"Virus Shut Out"”

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…importation of the unregistered “Virus Shut Out” pesticide product. (See our blogs here and here for more information on these two actions.) Under FIFRA, products that claim to kill or repel bacteria or germs, including disinfectants, are considered pesticides and must be registered with EPA. EPA will not register a…

 
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…listed on eBay called Virus Shut Out claiming to be a spatial disinfection card that would provide protection against SARS-CoV-2 to the wearer. Virus Shut Out was subject to previous EPA enforcement action, discussed in our earlier blog items. Product listed on eBay called Xtreme-Bio stating that it was exempt…

 
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…registered with EPA, including Virus Shut Out products. EPA previously announced on March 25, 2020, that EPA and CBP had prevented several shipments of Virus Shut Out from entering U.S. Pacific Ports. The announcement noted that because the product is not registered, EPA had not evaluated its safety and efficacy…

 
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…product at issue, Toamit Virus Shut Out, was sold through eBay and made claims to protect individuals from bacteria and viruses and to reduce transmission risk by 90 percent. Claims regarding the product also included the following statement: “In extraordinary times, access to public places and confined spaces will be…

 
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…protect wearers from coronavirus: “Virus Shut Out-Portable Protection Card-Virus Protection and Personal Health (5 PCS)” “Air Sterilization Card Disinfection Lanyard Protection Card Household Outdoor Antibacterial Sterilization Health Care” Unregistered disinfectant tablets: “Epidemic prevention Chlorinating Tablets Disinfectant Chlorine Tablets Swimming Pool Instant Disinfection Tablets Chlorine Dioxide Effervescent Tablet Chlorine Disinfectant 100g…