This article was adapted from "Company Fined for Claiming Ball-point Pen Kills Germs" (EPA Region 9 Press Release, dated 11/30/99). For more information about this enforcement, contact Randy Wittorp, US EPA Region 9 (415-744-1589).
With increasing public attention on food safety and microbial contamination, an increasing number of products are claiming to have anti-microbial properties. But Micro Pen of U.S.A. Inc. recently learned the hard way that product claims that include anti-microbial characteristics can bring attention from more than customers. The U.S. Environmental Protection Agency (EPA) has settled an enforcement action with the Buena Park, CA firm for selling unregistered pesticides and making unproven claims about their effectiveness, in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Micro Pen is paying a penalty of $35,000.
"Unregistered means unknown: we don't know what's in it and we don't know what it will do to people," said Pam Cooper, chief of the Pesticides Program at the EPA’s regional office. "EPA's responsibility is to make sure that products containing pesticides have been properly evaluated and provide the information consumers need to use them safely."
Micro Pen was cited for selling an unregistered ball point pen, Micro Cleen-Ball pen, which the company claimed contains an antibacterial agent in the pen body. The label said that the pen would reduce the chance of bacterial infections such as food poisoning; skin, eye, and ear infections; bronchitis; and urinary tract infections, and would contribute to healthier environments in day care centers, hospitals, laboratories, and military facilities.
The EPA has no evidence that products which incorporate pesticides prevent the spread of germs and bacteria in humans.
The EPA is especially concerned about such unverified public health claims because they may encourage people to skip proper hygiene. Consumers shouldn’t rely on antibacterial claims as a substitute for following common-sense hygienic practices, like washing hands frequently and thoroughly, and washing any surface that contacts food.
Manufacturers who claim their product prevents, destroys or repels any pest must register that product as a pesticide with the EPA. Pesticide registration is the process through which EPA examines the ingredients of a pesticide; the site or crop on which it is to be used; the amount, frequency and timing of its use; and storage and disposal practices. EPA evaluates the pesticide to ensure that it will not have any adverse effects on humans, the environment and non-target species. A pesticide cannot be legally used if it has not been registered with the Office of Pesticide Programs. The agency will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the directions. EPA maintains a comprehensive online "Pesticide Registration Kit" at their website, which contains all required forms and additional information regarding materials already registered.
This enforcement action is based on inspections conducted by the California Department of Pesticide Regulation, and is part of a national initiative to stop the marketing of unregistered products with unverified public health claims.
