IMPORTANT NOTE: Merchants listing products for sale on the Wish marketplace must comply with all applicable laws and Wish Policies. Items offered and sold to consumers in the U.S. must comply with federal, state and local laws and regulations. This applies to pesticides, including disinfectants, sanitizers and other antimicrobial products, which are primarily regulated by the U.S. Environmental Protection Agency (EPA), as well as antiseptics, such as hand sanitizers and other products that claim to kill germs on or in the human body, which are primarily regulated by the U.S. Food and Drug Administration (FDA). FDA also regulates products used to sterilize medical devices and equipment.
PESTICIDES & DISINFECTANTS
It is the merchant's responsibility to ensure that pesticide products listed in the United States comply with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and applicable state and local laws and regulations, including all registration and labeling requirements. Wish does not allow product listings that contain false or unproven information about products being sold. Products with unproven or unregistered claims to be effective against pests such as bacteria, virus or other germs, including disinfectants, are subject to removal.
Under FIFRA, the US Environmental Protection Agency (EPA) regulates as “pesticides” a wide array of products that claim to kill, destroy, prevent, repel, inhibit, or otherwise mitigate any “pest.” This includes not only “traditional” pesticides such as crop sprays, mosquito repellants, and rodent controls, but a broad range of products that claim to be effective against bacteria, viruses, fungi, mold, mildew, allergens, germs or other microorganisms (other than those on or in the human body, which are regulated by FDA). Prior to sale, marketing or distribution in the U.S., among other requirements, “pesticides” must be registered with the EPA and properly labeled. For example, any “pesticide,” including disinfectants, listed by merchants for sale on Wish in the United States, among other things, must:
- Have a label in English in font that is 6pt or larger, that includes:
- Gültige EPA-Registrierungsnummer
- Gültige EPA-Herstellernummer
- Name und Adresse des Herstellers, Registranten oder Unternehmens, für das produziert wurde
- Ingredient statement, including identity and percentage of active ingredients
- Hazard and precautionary statements
Pesticide products may only be labeled or marketed with claims that are included on the EPA-approved registration for the product. Each manufacturer or distributor of a pesticide product must have their own EPA registration for the product.
For additional information and details on U.S. pesticide requirements, please see https://www.epa.gov/pesticides and the agency’s “Pesticide Registration Manual” (https://www.epa.gov/pesticide-registration/pesticide-registration-manual) and guidance on pesticide labeling requirements (https://www.epa.gov/pesticide-registration/labeling-requirements).
Pesticide Products excluded from EPA Registration (but subject to other FIFRA requirements):
- “Pesticide Devices”: Products that use physical or mechanical means to trap, destroy, repel, or mitigate pests are regulated by EPA under FIFRA as “pesticide devices.” Devices are subject to certain labeling and other FIFRA requirements. Examples include: ultraviolet lights, mouse traps, fly paper, ozone generators, water and air filters, high frequency sound generators, etc. A summary of EPA requirements for “pesticide devices” may be found here: https://www.epa.gov/safepestcontrol/pesticide-devices-guide-consumers.
- “Treated articles”: Products that incorporate an antimicrobial pesticide registered for use in that product and that do not make any public health claims (e.g., no anti-viral claims or claims of efficacy against specific bacteria or fungi). Pesticide claims must be limited to those regarding preservation of the product itself, such as claims that the product is treated to inhibit bacteria that cause odors, stains or degradation/deterioration of the product. A summary of EPA requirements for “treated articles” may be found here: https://www.epa.gov/safepestcontrol/consumer-products-treated-pesticides.
- “Minimum Risk Pesticides”: Pesticide products made exclusively from a specific list of active and inert ingredients and meet certain labeling and other requirements. A summary of EPA requirements for “minimum risk pesticides” may be found here: https://www.epa.gov/minimum-risk-pesticides/conditions-minimum-risk-pesticides.
Examples of Prohibited Listings:
- Unregistered pesticides (e.g., Virus Shut Out; Virus Block Out; disinfectant lanyards): Products not registered with EPA or in accordance with applicable state and local laws, unless specifically exempt (e.g., pro`ducts that meet the exemption requirements for treated articles, minimum risk pesticides or devices)
- Pesticide products not intended for sale in the U.S.
- Pesticide devices not manufactured in an EPA-registered establishment or not labeled with an EPA establishment number
- “Restricted use” pesticides not legally allowed to be available for purchase or use by the general public
- Pesticide products or devices that are labeled or marketed with false or misleading claims
- Pesticide products that are misbranded, including with regarding the safety of the pesticide or its ingredients (e.g., “safe”, “non-poisonous", “non-injurious”, “harmless”, “non-toxic”, or “all natural”)
- “Treated articles” that bear public health claims (e.g., products marketed to control or mitigate any disease, infection or pathological conditions, or with claims to be effective against viruses, including coronavirus or COVID-19, or against specific bacteria or fungi, such as e.Coli, MRSA, athlete’s foot fungus, etc.)
- Pesticide products that are improperly packaged or in damaged packaging, or are being sold in a quantity or amount different from what is listed on the label approved by the EPA.
- Pesticide products marketed for use against pests/microorganisms or in applications not provided for on the EPA-registered product label
Further examples of illegal pesticide products are available from EPA at https://www.epa.gov/safepestcontrol/avoid-illegal-household-pesticide-products.
Hand sanitizers and other antiseptics used on or in the body are considered antimicrobial “drugs” that are regulated by FDA under the Food, Drug and Cosmetic Act. Merchants are required to comply with all applicable FDA and other requirements related to these products.
The following resources provide additional information regarding hand sanitizers and FDA regulatory requirements:
- FDA – “Registration and Listing Assistance for Non-Traditional Manufacturers of Hand Sanitizer and Related COVID-19 Drugs” (https://www.fda.gov/drugs/coronavirus-covid-19-drugs/registration-and-listing-assistance-non-traditional-manufacturers-hand-sanitizer-and-related-covid)
- FDA – “Hand Sanitizers/COVID-19” (https://www.fda.gov/drugs/coronavirus-covid-19-drugs/hand-sanitizers-covid-19)
- FDA – “Q&A for Consumers: Hand Sanitizers and COVID-19” (https://www.fda.gov/drugs/information-drug-class/qa-consumers-hand-sanitizers-and-covid-19)
- FDA – “Fraudulent Coronavirus Disease 2019 (COVID-19) Products” (https://www.fda.gov/consumers/health-fraud-scams/fraudulent-coronavirus-disease-2019-covid-19-products)
Examples of Prohibited Listings:
- Wish – Prohibited Product Listings
- Wish – Misleading Listings Policy FAQ
- The Federal Insecticide, Fungicide and Rodenticide Act (full text): https://www.govinfo.gov/content/pkg/USCODE-2011-title7/html/USCODE-2011-title7-chap6-subchapII.htm
- EPA – Summary of FIFRA: https://www.epa.gov/laws-regulations/summary-federal-insecticide-fungicide-and-rodenticide-act
- EPA – Pesticides Website: https://www.epa.gov/pesticides