The U.S. Environmental Protection Agency (EPA) today announced the settlement of an administrative enforcement action against PPG Architectural Finishes, Inc. for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The settlement requires the company to pay a $96,719.50 penalty and remove all pesticidal claims from Porter paints sold under the names: Portersept, Porter Acri-Shield, and Porter Acri-Pro 100.
The violations were discovered during inspections conducted by the Kentucky Department of Agriculture, the Georgia Department of Agriculture, and EPA in September 1998 and August 2000. EPA contends the paint labels contain antimicrobial pesticidal claims relating to the inhibition of mold and mildew and, thus, must be registered with the EPA before they can be legally sold or distributed in the United States.
While not admitting any liability in reaching this settlement, PPG agreed to pay an administrative penalty and to work with EPA to remove all pesticidal claims from the labels of the affected Porter paints. As an interim remedial measure, PPG has agreed to put up placards in retail outlets that sell Porter Paints which state:
The following Porter Paints contain agents which inhibit mold and mildew on the surface of the paint film ONLY and no claims extend beyond the film itself.
- Portersept paints
- Porter Acri-Shield paints
- Porter Acri-Pro paints
EPA requires submission of efficacy data on pesticides containing antimicrobial public health claims, since the public cannot readily ascertain with the naked eye the effectiveness of this type of pesticide. EPA has emphasized enforcement actions against noncomplying antimicrobial pesticides with public health claims, due to human health implications if the pesticides are not effective. |