U.S. Company Fined for Untested Nanosilver Health Claims
The U.S. Environmental Protection Agency has fined Kinetic Solutions Inc. $82,400 for allegedly selling unregistered and misbranded pesticides and making unproven claims about their effectiveness. Products claiming to exhibit antibacterial effects must be tested and registered as a pesticide with the EPA prior to marketing.
EPA maintains that Kinetic Solutions Inc. made illegal public health claims for its air purifier branded “Nano Silver Pre filter” and the filter’s ability to control over 650 types of bacteria, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act. In addition, its air purifiers did not list a valid EPA Establishment Number on the packaging, a federal requirement that helps regulators keep track of where pesticides and devices are produced.
The recent EPA action comes about two and a half years after another California based company had already been fined $208,000 for unproven "nano coating" pesticide claims on computer peripherals (see EPA News from 03/05/2008).
“More and more manufacturers are touting “nano” particles as antimicrobial,” said Jared Blumenfeld, Regional Administrator of EPA’s Pacific Southwest region. “EPA takes unsubstantiated claims very seriously, and as with the case against Kinetic Solutions, we will take action against unregistered products.”
“Unless these products are properly tested and registered with EPA,” said Enrique Manzanilla, the EPA's Communities and Ecosystems Division director for the Pacific Southwest region, “consumers will have no information about whether their public health claims are accurate.”
During 2009, Kinetic Solutions Inc. distributed or sold air purifiers containing the Nano Silver Pre Filter. The violations were discovered through an online search and subsequent inspection by the California Department of Pesticide Regulation. According to Kinetic Solutions Inc., the Nano Silver Pre Filter incorporates a substance called "nano silver" or "silver nano ions,” a substance or mixture of substances intended to prevent, destroy, repel or mitigate bacteria and mold. Products that kill or repel bacteria or germs are considered pesticides, and must be registered with the EPA prior to distribution or sale. According to EPA, the Nano Silver Pre Filter is a pesticide and was not registered as such as required by federal law.
EPA 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. Consumers should be careful to look for the EPA registration number printed on product labels, and to follow the directions for safe use.
For more information on EPA and pesticides, please visit: http://www.epa.gov/pesticides/index.htm
Source: EPA