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EPA Begins Accepting “Absence of an Ingredient” Claims for Some Pesticide Products

Background - Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the U.S. Environmental Protection Agency (EPA or the Agency) must approve all pesticide product label language through the registration...more

EPA Formally Reinstates All Chlorpyrifos Tolerances but Signals It Will Revoke Most of Them in the Future

The U.S. Environmental Protection Agency (EPA) officially reinstated all tolerances for chlorpyrifos on February 5, 2024, undoing a prior rule that had halted chlorpyrifos use on all food and feed commodities in early 2022....more

EPA Addresses Status Of FIFRA Registration Review Work As October 1 Deadline Approaches

Key Takeaways - • What Happened: EPA published an update on its work and plans as the October 1 registration review deadline approaches for many pesticides. Consistent with the governing statute, EPA confirmed that...more

EPA Authorizes Anti-Monkeypox Claims for Pre-Designated Disinfectant Products

What Happened: EPA activated its Emerging Viral Pathogens guidance to permit limited claims that certain registered pesticides are effective against the monkeypox virus. Who’s Impacted: Manufacturers and distributors of...more

EPA Indefinitely Extends COVID-19 Emerging Viral Pathogen Guidance

Key Takeaways: • What Happened: EPA has indefinitely extended its activation of the emerging viral pathogens guidance for antimicrobial pesticides, permitting registrants with a pre-qualified “emerging viral pathogen...more

With 12 Months’ Notice, EPA Bringing Temporary Disinfectant Supply Chain Flexibilities to a Close

Key Takeaways - • What happened: EPA announced that it will retract the temporary amendments to Pesticide Registration (“PR”) Notice 98-10, originally issued by EPA in March 2020. These amendments were intended to provide...more

EPA Expands Use of FIFRA Criminal Enforcement As It Targets COVID-19 Claims

The U.S. Environmental Protection Agency (EPA) has historically used its civil enforcement authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to pursue most penalties associated with the...more

EPA Ends Priority Review of Surface Disinfectant Products, Shifts Resources Back to Standard FIFRA Registration Processes

Key Takeaways: • What Happened: Citing recently revised CDC guidance suggesting that the risk of surface transmission of the SARS-CoV-2 virus is “generally considered to be low,” EPA announced that it is no longer...more

EPA Announces One of Its Largest-Ever FIFRA Civil Settlements

Key Takeaways: What Happened: EPA settled with Electrolux for nearly $7 million in connection with the import of household appliances with antimicrobial-treated air filters that were not registered under the federal...more

In Agency First, EPA Allows Limited Use of Antiviral Disinfectant with Long-Lasting Efficacy Claims

Key Takeaways: What Happened: EPA issued a FIFRA Section 18 emergency exemption to the state of Texas to allow certain limited uses of a surface coating with long-lasting disinfectant properties....more

EPA Warns Against False or Misleading Antiviral Claims, Highlights Enforcement

Key Takeaways: • What Happened: In a new Compliance Advisory, EPA emphasized that pesticides and pesticide devices may not make false or misleading claims to be effective against the novel coronavirus, and warned of...more

EPA Provides Flexibility to Manufacturers of Isopropyl Alcohol-Based Disinfectants and Sanitizers

Manufacturers of certain disinfectants and food-contact surface sanitizers containing isopropyl alcohol (IPA) will now be able to use unregistered sources of that active ingredient and may change such sources by notification...more

EPA Expedites Data Review for Disinfectant Products that May Be Effective Against the Novel Coronavirus

Key Takeaways: • What Happened: EPA announced an expansion of its expedited review process to now include new antimicrobial pesticide product applications and amendments requiring data review. • Who’s Impacted:...more

Ten Tips for Disinfectant Producers and Distributors During the COVID-19 Pandemic

During the COVID-19 pandemic, governments have recognized an urgent need to ensure effective surface disinfectants, hand sanitizers, and other products that can be used against SARS-CoV-2 are available to the public. While...more

EPA Releases Unprecedented Recommendation to Use Unregistered Substances as Disinfectants Against Coronavirus

New cleaning and disinfecting guidance released by the U.S. Environmental Protection Agency (EPA) on April 29, 2020 includes an unprecedented recommendation to the American public to use unregistered commodity substances for...more

Ninth Circuit Orders EPA to Rule on NRDC Petition to Cancel Pet Use Registration for Organophosphate Pesticide

A long-running dispute between the U.S. Environmental Protection Agency (EPA) and the Natural Resources Defense Council (NRDC) moved a step closer to resolution, with the Ninth Circuit U.S. Court of Appeals ordering EPA to...more

EPA Continues to Expand Efforts to Ease the Production of Disinfectants Approved for Use Against the Novel Coronavirus

Citing continued reports of supply chain disruptions by manufacturers of registered disinfectant products approved for use against the novel coronavirus, the U.S. Environmental Protection Agency (“EPA”) announced on April 14,...more

EPA Highlights Enforcement Against Disinfectant Products Making Fraudulent Coronavirus Claims

Key Takeaways: What Happened: On an April 3, 2020 call with retailers and marketplace platforms, EPA identified enforcement against sales of unregistered or fraudulent disinfectant products as a high priority during the...more

EPA Provides Flexibility to Pesticide Manufacturers Using “Commodity Inert Ingredients”

Citing a nationwide shortage of disinfectant products during the Novel Coronavirus Disease 2019 (“COVID-19”) pandemic, the U.S. Environmental Protection Agency (“EPA”) announced on March 26, 2020 that it will now allow...more

EPA Approves Hemp Pesticide Applications In Advance of 2020 Growing Season

On December 19, 2019, EPA announced that it has approved ten applications seeking to add new hemp uses to pesticide products registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in time for the 2020...more

EPA Seeks Public Comment on First-Ever Hemp Pesticide Applications

On August 21, 2019, the U.S. Environmental Protection Agency (EPA) announced its receipt of ten applications seeking to add new hemp uses to pesticide products registered under the Federal Insecticide, Fungicide and...more

Environmental Protection Agency Streamlines Pesticide Residue Chemistry Data Requirements for Seed Treatment Uses

On January 26, the U.S. Environmental Protection Agency (EPA) announced reduced residue chemistry data requirements for many seed-treatment pesticide uses. The new guidance introduces important changes to EPA policy and...more

New EU Disclosure Mandate for Proprietary Pesticide Data Has Serious Ramifications for Wider Chemical Industry

The European Union’s highest Court, the European Court of Justice (“ECJ” or the “Court”), issued two landmark judgments on November 23, 2016 with significant adverse implications for the proprietary data rights of pesticide...more

New York State Attorney General Orders Companies to Stop Making Anti-Zika Claims In Connection with Minimum Risk Pesticides and...

On August 3, 2016, the New York State Attorney General issued cease-and-desist letters to seven companies making pesticidal claims to prevent or protect consumers against the Zika virus. The claims at issue were made in...more

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