Are products labeled as anti-bacterial adult toy cleansers which fight bacteria with triclosan subject to EPA jurisdiction as a pesticide/antibacterial product?
“Pesticide” is defined in part as “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigatingany pest.” FIFRA ยง 2(u)(1). Microorganisms (except for viruses, bacteria, or other microorganisms on or in living man or other living animals) are pests as defined by FIFRA sec. 2(t). Products labeled as anti-bacterial adult toy cleansers which fight bacteria with triclosan are considered to be pesticide products because they are mitigating a pest and thus subject to EPA jurisdiction under FIFRA. The term “anti-bacterial” is also considered to be a public health claim which would require efficacy data be submitted with any application for registration. These types of products are registered by the Antimicrobials Division.
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