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EPA Continues Efforts Against Unregistered "Antibacterial" Products; Two New Jersey Companies Charged with Making Improper Claims

Release Date: 07/20/2001
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(#01080) New York, N.Y. -- The U.S. Environmental Protection Agency (EPA) has charged two New Jersey-based companies - Church & Dwight Co., Inc. of Princeton and Parker Laboratories Inc. of Fairfield - with violations of the federal law that regulates pesticides. The companies manufacture products that had claims on their labels that they killed bacteria or microbes, but neither product was formally registered with EPA as a pesticide as the law requires. The agency is seeking an $82,500 penalty from Church & Dwight and $55,000 from Parker Laboratories for selling unregistered pesticides.

"Companies must be aware that if they make pesticidal claims on their products, EPA will check to make sure those items are properly registered with us," said William J. Muszynski, EPA Acting Regional Administrator. "Consumers who purchase these items expect them to work without posing any undue risks. The only way they can be sure this is the case is if the products go through our rigorous registration process. Both of these cases represent this agency's commitment to tackling head-on the problem of unregistered antimicrobial products."

EPA first inspected the Church & Dwight headquarters in October 2000, where it obtained shipping records showing that one of the company's products, Arm & Hammer Antibacterial Carpet and Room Odor Neutralizer, had been sold on several occasions in 2000. At the same time, the agency obtained samples of the Carpet and Room Odor Neutralizer product from several stores. The label for the product contained pesticidal claims, including: "Antibacterial;" "Fights odor-causing germs;" and "penetrates deep into your carpet to fight odor-causing germs."

EPA inspected Parker Laboratories' facility in April 2000, and obtained a sample of and sales invoices for a product called "Transeptic Cleansing Solution for Ultrasound Transducers/Probes." The product is used in professional medical settings to clean ultrasound equipment surfaces between patient exams. Its label stated that Transeptic is a "multi-purpose spray cleanser containing isopropyl alcohol as an antiseptic, chlorhexidine gluconate as an antimicrobial, and a mild wetting agent." It was sold by Parker Laboratories on several occasions in 2000.

According to federal law, companies cannot make certain pesticidal claims unless they go through EPA's pesticide registration process, which requires research and tests on the product to make sure it does what the company claims without posing an undue risk to people, animals and the environment. EPA is concerned that consumers will purchase such unregistered products believing that they are protecting themselves from microbes, when in fact, unless a product is registered with EPA, the government has not reviewed any data suggesting this is the case. Church & Dwight was charged with having sold an unregistered pesticides on 15 occasions. Parker Laboratories was charged with 10 counts of the same. Church & Dwight has until July 23, 2001 to respond to EPA's charges, and Parker Laboratories has until July 29.

Church & Dwight has agreed to remove certain pesticidal claims from all newly manufactured Arm & Hammer Antibacterial Carpet and Room Odor Neutralizer products starting this summer.