EPA Enforcement Actions on Nanosilver-Containing Consumer Products Highlight Need To Be Careful About Marketing Claims
In August 2014, EPA settled alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) alleged against Walkfit, LLC and other entities, involving shoe inserts containing nanosilver. This follows a separate FIFRA settlement earlier this year against another company, Pathway Investment Corp., also alleging FIFRA violations involving nanosilver in a consumer product (food containers). It's unlikely that EPA is targeting nanosilver per se; for years EPA has pursued enforcement actions against entities making public health claims for products that have not been registered under FIFRA. Still, the commonality of nanosilver in both of these cases should make entities using…