James Votaw Quoted in Bloomberg Law Article, "Air Purifiers Making COVID-19 Claims Face Legal, Financial Risks"

Keller and Heckman Partner James Votaw was quoted in the Bloomberg Law article, “Air Purifiers Making COVID-19 Claims Face Legal, Financial Risks.” Antimicrobial devices such as air purifiers, ozone generators and UV irradiation units are not required to go through the same Environmental Protection Agency (EPA) registration process as conventional pesticides, but they’re still bound by the same rules governing false or misleading claims under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA has continued to enforce this in full even though it has relaxed regulations in other areas during the pandemic. Mr. Votaw noted that companies that make health protection claims can get in trouble because it is difficult to prove their claims in a way that will satisfy regulators. Further complicating the issue, Mr. Votaw said, is that a company can still be held accountable for making misleading statements even if it can produce data showing its product is effective at killing COVID-19, if it doesn’t do it in a way that provides public health protection. Makers of air purifiers and other home health devices will face stiff financial penalties from the EPA if they make inflated or misleading marketing claims that their products can fend off the coronavirus.

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