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D uring the current COVID-19 pandemic, there are a growing number of products in the promotional products marketplace that include, or are advertised as including, pesticide or antimicrobial additives that may or are expected to kill or deter microorganisms, including viruses. Suppliers and distributors of promotional products should be aware that products containing a pesticide, as well as the advertising and labeling of such products, are regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and that, with a few exceptions, those products must be registered through the Environmental Protection Agency (EPA). FIFRA enforcement is focused on the sale, distribution and use of pesticides. Generally, a pesticide is defined as any substance (or mixture of substances) intended for a pesticidal purpose, which includes being used for the purpose of preventing, destroying, repelling or mitigating any “pest.” Under FIFRA, “pest” is defined as an organism that, under circumstances, makes it “deleterious to man or the environment,” including certain viruses. The EPA regulates and is currently scrutinizing what it believes are false or misleading advertising claims and labeling relating to products that may contain pesticide substances, and that are advertised or labeled as being effective in somemanner against COVID-19. According to a recent announcement from the EPA, it ordered Amazon Services, LLC and eBay, Inc. to stop selling a wide range of pesticide products, including products that were labeled or marketed with false or misleading claims of efficacy against the cause of COVID-19. According to the EPA, the products in issue were unregistered, misbranded or restricted-use pesticides, and pesticide devices that make false or misleading claims. The EPA noted labeling or advertising statements that the EPA believed were not compliant with legal requirements, including phrases such as “Kills COVID-19,” “Coronavirus disinfectant” and “Efficient disinfection to prevent the spread of disease.” Those who sell or distribute products in violation of FIFRAmay Are Your Products Within The Law? Promotional products that tout antimicrobial claims may fall under federal regulations. by Cory Halliburton All for you friend / Lightspring / Shutterstock.com 72 | SEPTEMBER 2020 | THINK