No. The term “germ” is a public health claim. EPA does not allow public health pesticidal claims on treated articles. Claims for treated articles would be limited to a statement like “Antimicrobial properties are built in to inhibit the growth of bacteria that may deteriorate product. The antimicrobial properties do not protect users or others against food-borne bacteria. Always clean and wash this product thoroughly before and after each use.” TSG's experts routinely advise clients on the claims treated articles can make, as well as develop claim guidance for manufacturers to provide to their customers.

FIFRA requires the registration of any substance intended to prevent, destroy, repel, or mitigate pests. However, certain exemptions are made under the Code of Federal Regulations allowing the non-public-health use of a pesticide that is intended to protect only the treated article or substance itself, for example to preserve a paint coating or a fabric. Products that qualify for this exemption must display appropriate clarifying statements. TSG’s experts can advise if your product qualifies for a treated article exemption as well as review the required clarifying statements.

In order to qualify for the exemption, a product must have an EPA pesticide registration to be used in the manufacture of a treated article. These products, often called materials preservatives, may be registered for incorporation into or for the treatment of plastics, films, coatings, textiles, and other finished goods. TSG can advise on whether a product is registered with EPA and whether the registration is appropriate for use in the manufacture of specific types of treated articles.

Pesticide products for sale in the United States require registration with the EPA as well as individual states. The process to register a pesticide requires the submission of an application that addresses product-specific chemistry, toxicity and efficacy, as well as information on the active ingredient. The applicant must submit a label and there is an EPA application fee and decision review time. TSG’s experts can provide a registration strategy assessment tailored to your specific formulation, desired use site and claims. Follow the link to learn more about how we can help with pesticide compliance.