Claims Limitations for EPA-Registered Pesticides

Biocides are subject to strict claim limitations under EPA registration. Claims must be substantiated through scientific evidence and must not mislead consumers.

1. Permissible Claims for Treated Articles
   • Antimicrobial claims (e.g., "Prevents bacterial growth on…").
   • Antiviral and antifungal claims (must be EPA-approved).
   • Pest control claims (must be supported by efficacy testing data).

2. Prohibited Claims for Pesticide-treated Articles
   • Health-related claims.
   • Efficacy claims beyond label instructions.
   • Unsubstantiated claims without supporting data.

What Unregistered Technologies Can And Cannot Claim
Unregistered products, including odor control and probiotic technologies, face significant limitations in the claims they can make.

1. The Not-So-Gray Area
   • Claims that connect an unregistered technology to bacterial inhibition or microbial action classify a product as a biocide, requiring EPA registration or fulfilling exemption requirements for a minimum risk pesticide.
   • Examples of prohibited claims:
     • "Reduces bacterial growth on/in/around…”
     • "Inhibits bacterial growth on/in/around..."
     • “Inhibits odor-causing bacteria…”
     • "Kills odor-causing bacteria..."

2. Allowable Claims for Unregistered Technologies
   • Odor neutralization through physical or chemical mechanisms, without impacting the bacteria.
   • Examples of permissible claims:
     • "Neutralizes odors through adsorption."
     • "Adsorbs odors for long-lasting freshness."

EPA registration under FIFRA is a rigorous process designed to ensure public health and environmental safety. By requiring comprehensive scientific data, risk assessments, and regulatory compliance, the EPA ensures that only safe and effective pesticides enter the market.

For companies developing biocidal or odor control technologies, it is crucial to understand claims limitations. Registered biocides must adhere to EPA-approved claims, while unregistered technologies must not impact bacterial or microbial activity or make any such claims. Understanding these distinctions is vital to navigating the regulatory landscape effectively.

For further guidance regarding the EPA, FIFRA, and the Treated Article Claims, contact the IAC for expert consultation and services.