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July 02, 2020

EPA Cracks Down on Faulty COVID Products Online

Third-party or direct sellers on Amazon and eBay are listing unregistered, misbranded or restricted-use items.

By  John Corrigan

The U.S. Environmental Protection Agency recently sent a notice to Amazon and eBay ordering the e-commerce giants to stop selling faulty coronavirus-related products and pesticides.

Scam Alert

The agency said third-party or direct sellers are listing these unregistered, misbranded or restricted-use pesticide and COVID-19-related products on the platforms. Some of the products include messaging like “Kills COVID-19,” “Epidemic Prevention” and “Complete sterilization, including the current pandemic virus.”

EPA Administrator Andrew Wheeler held talks with Amazon, eBay and other e-commerce websites regarding the prevalence of unregistered and potentially dangerous products available on their platforms. Despite those discussions, the EPA says, Amazon and eBay have failed to consistently block listings for these products. “These stop-sale orders to Amazon and eBay demonstrate the Trump administration’s continued commitment to protecting the health and safety of Americans,” Wheeler said in a press release. “We remain vigilant against the claims of producers that falsely assert their efficacy and safety.”

In April, the EPA warned eight San Francisco-based e-commerce companies, such as Facebook, eBay, Alibaba and Shopify, of the risks of selling illegal disinfectant products.

Amazon and eBay, both of which have millions of item listings on their platforms, have policies that prohibit the sale of counterfeit products. In a statement to FOX Business, eBay said the website’s priority “remains ensuring the safety of its customers and employees around the world.”

“Amid the [COVID-19] pandemic, we have taken significant measures to block or quickly remove items from our marketplace that are unsafe, make false health claims or violate our zero-tolerance price gouging policy,” eBay said.

Product safety remains a hot-button issue in the promotional products industry, especially with the rampant demand for personal protective equipment (PPE). Several distributors have been the victims of PPE scams when sourcing from overseas factories or suppliers they’re unfamiliar with. Compliance is of the upmost importance, not just for product safety and regulations, but also in terms of intellectual property and truth in advertising.

Similar to how closely the Federal Trade Commission (FTC) monitors product claims around eco-friendly and USA-made items, the EPA closely monitors false or misleading advertising claims as they relate to antibacterial and antimicrobial products. These claims are under a more heightened scrutiny right now due to the pandemic, with high penalties for anyone involved in the supply or distribution of these items.

Performing your due diligence is vital, but it can also be a hassle. For example, Top 40 supplier BIC Graphic (asi/40480) not only had to shift its product development to meet the new needs of customers, but it also had to ensure its compliance claims were accurate. Then, the company had to quickly launch and market these products, along with educational materials to keep distributors and end users informed.

“In an uncertain time, we want our distributors to know they can feel certain about the information we provide for all of our products so they can sell with confidence,” Francine Dupuis, vice president of legal for BIC Graphic, told Counselor. “Within our product assortment, all items that contain an EPA-registered antimicrobial additive include PrevaGuard™ in the name to make them easily identifiable for our distributor customers. As an industry leader in superior compliance, we will continue to follow all applicable EPA regulations while describing our products correctly.”