Eye on Retail: An ‘Antimicrobial’ penalty

The U.S. Environmental Protection Agency (EPA) announced a settlement with Ross Stores Inc. resolving claims that Ross violated federal law by offering for sale six pesticide products (purported disinfectants) that were not registered with the EPA. EPA requires companies to submit data to support claims such as “sterilize, disinfect, and sanitize” before such terms can be used on the products’ labels. Consumers who rely on ineffective products to disinfect may face an increased risk of exposure to bacteria or viruses.  “It’s crucial that all Americans can trust that the disinfectant products they buy are safe and effective,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “This settlement is proof of EPA’s commitment to enforce laws that protect consumers and public health."

The claims of violations stem from a February 3, 2021, Hawaii Department of Agriculture inspection of a Ross Dress for Less (Pearl City) store in Aiea, Hawaii, as well as a March 9, 2021, EPA inspection of a Ross Dress for Less store in Concord, California. The six unregistered products offered for sale by Ross Stores were:

• CIF Power & Shine Multi-Purpose Wipes (Ocean Fresh), CIF Power & Shine Multi-Purpose Wipes (Citrus Fresh), and Domestos Professional Disinfecting Surface Wipes
• CIF Multi-Purpose Disinfectant Spray and Domestos Multi-Purpose Disinfectant Spray
• An iPhone screen protector marketed as Avalanche Antimicrobial Tempered Glass

All the wipe and spray products claimed, “elimination of 99.9% of bacteria (or germs)” and the iPhone screen protector claimed to be “Antimicrobial.” Ross Stores did not register the products with the EPA as required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and as part of the settlement will pay a $55,000 penalty.

Under federal law, products that claim to kill, destroy, prevent, or repel bacteria or viruses are considered pesticides. All such products distributed or sold in the United States are required to be registered by EPA to ensure they perform as intended and will not harm people, other species, or the environment when used as directed.