September 18, 2020

Volume X, Number 262

September 18, 2020

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September 17, 2020

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September 16, 2020

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EPA and CBP Announce the Prevention of Shipments of Unregistered “Virus Shut Out” Product Imported into California

On April 24, 2020, the U.S. Environmental Protection Agency (EPA) and U.S. Customs and Border Protection (CBP) announced that the agencies prevented a significant number of shipments of illegal health products from entering the Los Angeles International Airport (LAX) and the San Francisco International Airport (SFO).

The products at issue were not registered with EPA, including Virus Shut Out products.  EPA previously announced on March 25, 2020, that EPA and CBP had prevented several shipments of Virus Shut Out from entering U.S. Pacific Ports.  The announcement noted that because the product is not registered, EPA had not evaluated its safety and efficacy against viruses.  Additionally, its label does not contain directions for its use in English as required by law, and on-line advertisements for the product contain misleading claims about its safety and effectiveness.  The Department of Justice charged a Georgia resident with federal criminal charges relating to the illegal importation, sales, and distribution of Virus Shut Out, or Toamit Virus Shutout, on April 9, 2020, discussed in our earlier blog item

Following the shipment denial on March 25th, EPA notified Amazon, and Amazon removed the product from its marketplace.  EPA has been in communication with several retailers to ensure that these products are removed from their online marketplaces and asking for monitoring for products with illegal pesticidal claims. 

In an effort to curb illegal pesticide products during the pandemic crisis, EPA has been working with CBP to identify and seize illegal products imported from Japan and Hong Kong through International Mail Facilities (IMF) in Los Angeles and San Francisco, and CBP has as a result of this effort seized a large number of products. 

EPA Administrator Andrew Wheeler states “EPA is increasing the number of approved disinfectants on the market while taking action to prevent dishonest actors from selling fraudulent and illegal items that do nothing to protect Americans from the coronavirus.”  This has included EPA’s expedited review of submissions for companies to add Emerging Viral Pathogen claims to registered surface disinfectants. 

EPA has released an expanded list of EPA-registered disinfectant products that have qualified for use against SARS-CoV-2, the novel coronavirus that causes COVID-19.  List N contains nearly 400 products that have qualified to be effective against SARS-CoV-2.

Additional information on EPA’s efforts to discover and protect against fraudulent products is available on our blog.

©2020 Bergeson & Campbell, P.C.National Law Review, Volume X, Number 120

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About this Author

Kelly N Garson, Associate with Bergeson & Campbell, P.C. (B&C®)
Associate

Kelly N. Garson is an Associate with Bergeson & Campbell, P.C. (B&C®). Ms. Garson assists clients with Toxic Substances Control Act (TSCA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and other federal and state regulatory matters; researches and prepares white papers, briefs, and regulatory memoranda to provide B&C clients with knowledge and strategy to meet regulatory challenges and seize competitive opportunities; and augments the timely and efficient delivery of outstanding client services by...

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Barbara Christianson, Bergeson & Campbell, P.C., Paralegal
Paralegal

Barbara Christianson has worked at Bergeson & Campbell, P.C. (B&C®) for over a decade, honing her experience in the industries that Bergeson & Campbell serves. As a paralegal, Ms. Christianson supports Bergeson & Campbell's professional staff with a broad range of detail-oriented, oftentimes deadline-driven activities.

Ms. Christianson plays a key role in coordinating and providing detailed quality control review of documents and submissions and has significant experience using industry-specific software programs. She reviews and revises regulatory submissions to confirm conformance with U.S. Environmental Protection Agency (EPA) guidelines.

202-557-3807