COVID-19 Regulatory

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Just about an hour ago, the Supreme Court reinstated a nationwide stay of OSHA’s temporary emergency standard related to COVID-19, including the vaccination/testing requirements that were scheduled to be enforced starting in February.  The court, in an unsigned opinion that…
Continue Reading Breaking News: Supreme Court Stays OSHA COVID-19 Vaccination Standard

Earlier this week, EPA issued another “stop sale” order to Amazon directing the company to take steps to prevent the continued sale “of potentially dangerous or ineffective unregistered pesticides and pesticide devices making illegal and misleading claims, including multiple products…
Continue Reading EPA Extends Coronavirus Enforcement Against On-Line Sales of Unregistered Disinfectants

One of the few areas of EPA policy continuity between the Biden and Trump eras is the aggressive enforcement attention being paid to products that claim to fight the SARS-CoV-2 coronavirus.

While EPA has long prioritized enforcement of the…
Continue Reading Biden EPA Continues Aggressive Enforcement Against Disinfectant Products and UV Devices Claiming to Kill Coronavirus

For years, EPA has asserted broad authority to regulate products that are labeled or marketed with express or implied pesticidal (including antimicrobial) claims.  During the current pandemic, that authority has been exercised aggressively, particularly against products, many of which are…
Continue Reading Cleaning Product Enforcement Challenge Highlights Reach of EPA’s Antimicrobial Regulatory Authority

As part of the agency’s ongoing response to the coronavirus pandemic, EPA has issued new interim guidance outlining the path for expedited approval of products that demonstrate the ability to provide durable residual antimicrobial activity of hard surfaces.  Specifically, the…
Continue Reading EPA Establishes New Expedited Approval Pathways for Long-Lasting Residual Antimicrobial Products

Today, EPA announced that it has issued the first ever emergency use exemption for a “long-lasting” anti-viral coating.  The exemption was granted upon request by the state of Texas to permit use of the coating at American Airlines airport facilities…
Continue Reading EPA Approves First “Long-Lasting Anti-Viral” for Emergency Use to Fight Coronavirus

Since the start of the pandemic, we have been receiving a lot of questions regarding products claiming to kill or otherwise inhibit viruses, bacteria and other germs. Following on from their recent webinar on this same topic (available here www.adlawaccess.com/2020/07/article…killing-claims/…
Continue Reading Kelley Drye Legal Download – Cleaning Up: Answers To Common Questions About Disinfectant, Germ, and Virus-Killing Claims

Join us next Wednesday, July 29 for a webinar covering the basics of germ killing and related product claims.
Register Here

COVID-19 has brought a proliferation of products claiming to kill or otherwise inhibit viruses, bacteria and other germs. These…
Continue Reading Upcoming Webinar: Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims

Amid the flurry of products making coronavirus-related claims, some without legal approval or scientific support, one class of products raises unique questions:  so-called “pesticide devices,” like ozone generators and ultraviolet (UV) lights, which are instruments that claim to control…
Continue Reading EPA Cautions Consumers About Ozone Generators, UV Lights, and Other Pesticide Devices Making Coronavirus Claims

Originally posted on Ad Law Access By Kristi Wolff on May 29, 2020

Earlier this week, federal regulators continued their efforts to combat the spread of products featuring allegedly false and misleading claims that products can diagnose, treat, cure, or

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Continue Reading FDA and FTC Joint Warning Letters Target Amazon Affiliates Making False COVID-19 Claims