The complaint filed against the Environmental Protection Agency alleged failure to regulate over 400 nano silver products on the market. There are no labeling requirements for nano silver products, although it is considered a pesticide and active ingredient under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the primary federal law governing pesticide use in the United States.
Under FIFRA, any product containing an active ingredient that acts as a pesticide must be registered with EPA. For public health claims associated with pesticide use, EPA requires manufacturers to show that the product performs as intended and does not pose “unreasonable” adverse effects to the environment. “Unreasonable adverse effects on the environment,” is defined as one of two ways: (1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the Federal Food Drug and Cosmetic Act (FFDCA). The manufacturer must also submit a proposed label for the product that meets all of FIFRA’s labeling requirements
The complaint accessible here: http://www.centerforfoodsafety.org/files/2014-12-16-dkt-1–pls–complaint_78869.pdf cites numerous environmental and public health concerns and requests injunctive relief.
The infinite small size of naomaterial provides extraordinary mobility for a manufactured material, as well as unique chemical and biological properties. Nanomaterials’ properties increase potential for biological interaction and increase potential for toxicity, which can result in DNA mutation, structural damage within the cell, and even cell death. Once in the blood stream, they can move freely through organs and tissues, including the brain, heart, liver, kidneys, spleen, bone marrow, and nervous system.
“Six years ago we provided EPA a legal and scientific blue print to address to regulate these novel materials under its pesticide authority. The agency’s unlawful and irresponsible delay ends now,” said CFS senior attorney George Kimbrell.
Center for Food Safety