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PA JUDGE FINDS MICROBAN PRODUCTS COMPANY LIABLE FOR UNLAWFUL PUBLIC HEALTH CLAIMS

Release Date: 10/02/98
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FOR RELEASE: FRIDAY, OCTOBER 2, 1998

JUDGE FINDS MICROBAN PRODUCTS COMPANY LIABLE
FOR UNLAWFUL PUBLIC HEALTH CLAIMS

In a decision issued Sept. 18, EPA’s Administrative Law Judge William B. Moran found Microban Products Co., of Huntersville, N.C., liable for making unlawful public health claims in the sale and distribution of its antimicrobial pesticide Microban Plastic Additive “B” to Hasbro Inc., for use in toys. The Judge ruled that Microban violated the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which prohibits pesticidal claims that differ from those permitted under a pesticide’s registration approval. Antimicrobial pesticides are registered for non-public health and public health uses. First, non-public health uses are to prevent deterioration and fouling of materials such as plastic, wood, industrial cooling water, metalworking fluids and paints coating. Second, public health uses are to control disease-causing microorganisms such as E.coli, Salmonella, the AIDS virus and the tuberculosis bacterium. In August 1983, EPA approved Microban’s registration of the Microban Plastic Additive “B” upon the company’s claim that the pesticide is a preservative agent for use in the manufacture of polymer plastic and latex products, which is a non-public health use. However, the company unlawfully claimed that its product was effective against bacteria such as E.coli, Staph. and Strep., which is a public health use. The ruling ensures that unsubstantiated claims by companies, such as those made by Microban, do not put the public health at risk. A hearing will be scheduled later to decide the appropriate penalty. EPA has proposed a $160,500 penalty.

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