On October 15, 2020, the U.S. Environmental Safety Company (EPA) introduced a settlement with Electrolux Dwelling Merchandise, Inc. (Electrolux) to resolve alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for importing air filter merchandise that include nanosilver. Particularly, the settlement resolves EPA’s claims that Electrolux imported unregistered pesticides in violation of FIFRA Part 12(a)(1)(A) and did not file the required Notices of Arrival in violation of FIFRA Part 12(a)(2)(N). As a part of the settlement, Electrolux can pay a civil penalty within the quantity of $6,991,400. The Consent Settlement and Closing Order (CAFO) is on the market right here.
In line with EPA, Electrolux imported roughly 420,000 Frigidaire model dehumidifiers and air conditioners that contained filters incorporating an unregistered nanosilver and that had been labeled and marketed with pesticidal claims. With regard to the incorporation of nanosilver, there at present are not any nanosilver pesticide merchandise registered with EPA to be used in dwelling home equipment to disinfect the ambient air or shield the well being of the person. The one nanosilver pesticides which can be at present registered with EPA are authorised solely for incorporation into textiles to guard these articles themselves from antimicrobial pests resembling mould and micro organism that may trigger deterioration, discoloration, or odors. In these instances, the merchandise (textiles) integrated with nanosilver may be exempt from FIFRA registration beneath the “handled article” exemption. With regard to the claims, EPA states that claims it considers pesticidal embrace “antibacterial filter,” and “helps get rid of micro organism within the air that may make respiratory troublesome.”
The penalty on this case is important, and represents a doubtlessly rising pattern for penalty quantities considerably greater than previous instances. This pattern is due not less than partially to the inflation changes to statutory civil penalty quantities, as mentioned additional right here.
Along with the civil penalty, the CAFO states that Electrolux has changed the filters manufactured with nanosilver and eliminated the net and on-box pesticidal claims for the merchandise it had imported, in addition to some further merchandise already in america. The CAFO states:
The SSURO additionally supplied for the motion of topic merchandise for the aim of consolidating the merchandise for a rework venture whereby Respondent, amongst different issues, would exchange the filter manufactured with nanosilver contained in every unit with a filter that was not manufactured with a pesticidal substance, affix a sticker with modified language over any pesticidal claims on the product packaging, and take away all pesticidal claims made for the topic merchandise in Respondent’s on-line advertising
The CAFO additional states that “Respondent supplied to transform all dehumidifiers and air conditioners that contained a filter manufactured with nanosilver inside its possession whatever the date these merchandise had been imported.” So far, EPA states that Electrolux has introduced over 500,000 air conditioners and dehumidifiers into compliance.