Kinetic Solutions, Calif., fined heavily for selling unregistered and misbranded pesticides and making unproven claims

• Date: December 21, 2010
• Source: Admin

The U.S. Environmental Protection Agency (EPA) levied a fine of USD 82,400 on Monterey Park, Calif.- based Kinetic Solutions Inc., for allegedly selling unregistered and misbranded pesticides. The company made illegal public health claims for its air purifier branded “Nano Silver Pre filter” and the filter’s ability to control over 650 types of bacteria. It also claimed that its filter incorporated a substance called "nano silver" or "silver nano ions,” which prevent, destroy, repel or mitigate bacteria and mold. Law defines products that kill or repel bacteria or germs as pesticides, and hence they must be registered with the EPA before distribution or sale. EPA does not register a pesticide until it has been tested to demonstrate that it will not pose an unreasonable risk when used according to the directions. According to EPA, the Nano Silver Pre Filter was marketed as a pesticide although it was not registered as such. Thus, the company’s false claim and failure to comply with the federal law violated the Federal Insecticide, Fungicide, and Rodenticide Act. The violations were discovered through an online search and subsequent inspection by the California Department of Pesticide Regulation. 

Regulations

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) was first passed in 1947, establishing procedures for registering pesticides with the U.S. Department of Agriculture. It also incorporated labeling provisions. FIFRA was rewritten in 1972 and amended numerous times. In its current form, FIFRA mandates that EPA regulate the use and sale of pesticides to protect human health and preserve the environment.

EPA is authorized to:

• strengthen the registration process,
• enforce compliance against banned and unregistered products, and
• promulgate the regulatory framework missing from the original law.

Source:

http://yosemite.epa.gov/opa/admpress.nsf/0/3DB62E7E695B684A852577FA005948DC

http://www.epa.gov/oecaagct/lfra.html