News & Analysis as of

Environmental Protection Agency (EPA) Federal Insecticide, Fungicide and Rodenticide Act Coronavirus/COVID-19

Beveridge & Diamond PC

EPA Indefinitely Extends COVID-19 Emerging Viral Pathogen Guidance

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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

Pillsbury Winthrop Shaw Pittman LLP

EPA Takes Aim at Pesticide Devices

Recent enforcement actions against manufacturers and importers of air filters and purifiers highlight Environmental Protection Agency’s aggressive enforcement posture on potentially misleading claims of efficacy. Air...more

Clark Hill PLC

EPA Terminates COVID-19 Policies for Disinfectant Notification Mandates

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On Sept. 15, EPA issued a Notice to Manufacturers, Producers, Formulators and Registrants of Pesticide Product announcing plans to reverse measures that increased the availability of disinfectants that can kill COVID-19. An...more

Beveridge & Diamond PC

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

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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

Beveridge & Diamond PC

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

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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

Faegre Drinker Biddle & Reath LLP

Antimicrobial Marketing Claims: What You Need to Know to Mitigate the Risk of EPA Enforcement

Since the SARS-CoV-2 pandemic began, many companies have continued to develop antimicrobial products and devices to address health and safety concerns. Many of those companies are surprised to learn that the way in which they...more

Bergeson & Campbell, P.C.

EPA Orders Allied BioScience to Stop Selling and Distributing SurfaceWise2

On July 8, 2021, the U.S. Environmental Protection Agency (EPA) announced that it issued a Stop Sale, Use or Removal Order (SSURO) to Allied BioScience for its product SurfaceWise2. SurfaceWise2, a residual antimicrobial...more

Beveridge & Diamond PC

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

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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

Bergeson & Campbell, P.C.

EPA Announces Approval of Supplemental Residual Surface Coating Product

On April 21, 2021, the U.S. Environmental Protection Agency (EPA) announced the issuance of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 18 emergency exemptions to the states of Georgia, Minnesota, and...more

Kelley Drye & Warren LLP

Biden EPA Continues Aggressive Enforcement Against Disinfectant Products and UV Devices Claiming to Kill Coronavirus

One of the few areas of EPA policy continuity between the Biden and Trump eras is the aggressive enforcement attention being paid to products that claim to fight the SARS-CoV-2 coronavirus....more

Bergeson & Campbell, P.C.

EPA Announces Approval of Extensions to August 24, 2020, First-Ever Long-Lasting Antiviral Product for Use against COVID-19

On January 19, 2021, the U.S. Environmental Protection Agency (EPA) announced the issuance of a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 18 emergency exemption to the states of Oklahoma and...more

Bergeson & Campbell, P.C.

EPA Announces the Issuance of a Revised Advisory on Disinfectants Making False and Misleading Claims against COVID-19

In January 2021, the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) announced that it issued a revised compliance advisory (Advisory) on products claiming to kill...more

Bergeson & Campbell, P.C.

EPA Announces Approval of Airborne Antiviral Treatment Product for Use against COVID-19

On January 15, 2021, the U.S. Environmental Protection Agency (EPA) announced the issuance of a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 18 emergency exemption to the states of Georgia and Tennessee...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2020

TSCA/FIFRA/TRI - ABA SEER Article -- “The Essentials Of TSCA Practice”: We are pleased to announce that the ABA SEER published an article written by Lynn L. Bergeson and Eve C. Gartner entitled “The essentials of TSCA...more

Wiley Rein LLP

Suit Challenges EPA FIFRA Enforcement Action Against Products Sold as “Cleaning Agents”

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The U.S. Environmental Protection Agency (EPA) has made clear that, during the COVID-19 pandemic, it will aggressively pursue businesses that it believes are selling unregistered pesticide products. A recent press release...more

Bergeson & Campbell, P.C.

EPA Announces the Issuance of an Advisory on UV Lights That Claim to Kill or Be Effective against Viruses and Bacteria

On October 30, 2020, the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) announced that it issued a Compliance Advisory on ultraviolet (UV) lights claiming to kill or be...more

Troutman Pepper

EPA Seeks to Expedite COVID-19 Disinfectant Long-Lasting Efficacy Claims Approvals

Troutman Pepper on

On October 14, the Environmental Protection Agency (EPA) issued new interim guidance to expedite approvals that would allow companies to make claims regarding the residual effectiveness of long-lasting surface disinfectants...more

Morgan Lewis

EPA Issues New Interim Guidance on Expedited Review for Certain Long-Lasting Disinfectants

Morgan Lewis on

The Environmental Protection Agency will expedite review of certain types of applications for new and amended registrations of pesticide products intended for use against the coronavirus (COVID-19). ...more

Kelley Drye & Warren LLP

EPA Establishes New Expedited Approval Pathways for Long-Lasting Residual Antimicrobial Products

Kelley Drye & Warren LLP on

As part of the agency’s ongoing response to the coronavirus pandemic, EPA has issued new interim guidance outlining the path for expedited approval of products that demonstrate the ability to provide durable residual...more

Beveridge & Diamond PC

EPA Announces First-Ever Approval Pathways for “Long-Lasting” Anti-Viral Disinfectants, Coatings, and Surfaces

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Key Takeaways: • What Happened: EPA announced a new and expedited review process for surface disinfectant products with residual anti-viral efficacy claims of up to 24 hours, as well as a new category of “supplemental”...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2020

TSCA/FIFRA/TRI - EPA States TSCA Section 21 Petition For Risk Management Rule Not Valid, Treats It As An APA Petition: In a letter dated July 28, 2020, the U.S. Environmental Protection Agency (EPA) acknowledged the receipt...more

King & Spalding

EPA Issues Guidance for "Long-Lasting" Antimicrobial Approval Process

King & Spalding on

Guidance Provides Roadmap for Companies Seeking Expedited Review of Products Aimed at Combatting SARS CoV-2 - In August, EPA issued a narrowly tailored approval under the Federal Insecticide, Fungicide, and Rodenticide...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2020

TSCA/FIFRA/TRI - Lynn L. Bergeson, “Feeling The Pinch: Who Pays TSCA Risk Evaluation Fees?,” Financier Worldwide, September 2020: Ordinarily, government fees command little interest in corporate finance and board-level...more

Cozen O'Connor

Is EPA’s Emergency Approval of Long-lasting Disinfectant a Game Changer?

Cozen O'Connor on

The U.S. Environmental Protection Agency (USEPA) took the unusual step of allowing a new COVID-19 disinfectant to bypass the normal review and registration process under an emergency exemption issued August 24. ...more

Bergeson & Campbell, P.C.

EPA Announces Approval of First-Ever Long-Lasting Antiviral Product for Use against COVID-19

On August 24, 2020, the U.S. Environmental Protection Agency (EPA) announced the issuance of a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 18 emergency exemption to the state of Texas permitting it to...more

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