“Claims that mold, fungus or bacteria are controlled or destroyed by a particular product must be backed up with testing so that consumers know that the products do what the labels say,” said EPA Regional Administrator Judith A. Enck. “Unless these products are registered with the EPA, consumers have no information about whether the claims are accurate. The EPA will continue to take action against companies making unverified public health claims.”

Some pesticides have been linked to various forms of illnesses in people, ranging from skin and eye irritation to cancer. Some pesticides may also affect the hormone or endocrine systems. In many situations, there are non-chemical methods that will effectively control pests.

Under federal pesticide law, products that contain an unregistered pesticide as an active ingredient or claim to kill or repel bacteria or germs are considered pesticides and must be registered with the EPA prior to distribution or sale. The Agency will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the label directions. The food storage containers sold by Pathway were never registered with the EPA, or tested for their ability to protect consumers against bacteria, fungus, mold, or mildew. Consumers should be careful to look for the EPA registration number printed on product labels, and need to follow the label directions for use.

During a November 13, 2013 EPA inspection of the company’s facility in Englewood, New Jersey, a Pathway representative acknowledged that the company sold plastic products containing nano silver. The label for the Kinetic Go Green Premium food storage container stated that the product contained nano silver technology and that the nano-sized particles of silver helped to reduce the growth of bacteria and mold, allowing foods to stay fresh up to three times longer. In addition, the company’s product description touted the benefits of nano silver in its products and the company’s website contained several claims that describe how the nano silver particles destroy, kill or reduce the growth of mold, fungus and bacteria.

In addition to the order sent to Pathway, the EPA has also issued warning letters to Amazon, Sears, Wal-Mart and other large retailers directing them not to sell these products. These vendors have been selling Kinetic Food Storage Containers through their websites.

Under the order announced today, Pathway may not sell the following products: Kinetic Go Green Premium Food Storage Containers; Kinetic Smartwist Series Containers; TRITAN Food Storage; and StackSmart Storage.

Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and Facebook at http://facebook.com/eparegion2.

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