The U.S. Environmental Protection Agency (“EPA”) recently made two announcements regarding antimicrobial pesticides. First, EPA released guidance regarding residual efficacy claims for antimicrobials applied to surfaces. Second, EPA announced that it has registered the first product approved to make claims to kill viruses in the air. EPA has also sought comment on strategies for improving indoor air quality to reduce disease transmission, which could involve the use of air sanitization products or pesticidal devices. This blog has previously highlighted these issues, including noting steps EPA could take to improve pesticide policy in the wake of the pandemic and the emerging focus on indoor air quality and its regulatory implications.
Taken together, EPA’s recent actions are significant and provide opportunities for companies to develop novel products that could have significant public health benefits. But they also highlight that significant uncertainty remains in this area, which presents risks that companies must carefully navigate to ensure regulatory compliance.