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DPR Fines Outdoor Clothing Company for Misleading Pesticide Claims

(SACRAMENTO) – An outdoor clothing manufacturer has agreed to pay the state $86,715 for making unsubstantiated health claims on its pesticide infused clothing, according to the California Department of Pesticide Regulation (DPR).

In addition, Alfwear Inc., of Salt Lake City, voluntarily pulled its mislabeled items, sold under the brand name KÜHL, from store shelves and changed the labeling to comply with California and federal law. See settlement agreement, PDF (203 kb).

"We are seeing more and more products on the market with claims that mislead the consumer into believing that pesticides in the products will protect them from bacteria and germs," said Brian Leahy, DPR director. "These claims have not been substantiated and approved by DPR."

To protect consumers, California requires manufacturers and sellers of products making claims that imply that people will be protected from bacteria, germs, or other microorganisms to register their products with the state. This step allows DPR scientists to verify a pesticide's safety and efficacy.

During a routine inspection of a Sacramento outdoor-clothing store, a DPR inspector discovered clothes – mostly shirts – offered for sale under the brand name "KÜHL" that claimed to fight the growth of bacteria or reduce bacterial growth. However, the manufacturer had not substantiated this claim with DPR.

DPR inspectors regularly visit hundreds of retail stores statewide to ensure that products making pesticide claims are properly registered with the state.

DPR has previously fined other companies for making misleading "pesticide claims" on consumer products. These cases include:

• Hoses: In February 2015, ACE Hardware agreed to pay the state $60,367 for selling unregistered store-brand hoses that claimed to prevent mold and bacterial growth.
• Underwear: In July 2014, Sears Holding Management Co. paid $171,833 for selling thermal underwear which claimed to prevent the growth of odor-causing bacteria and bedding products which claimed to protect against mold, mildew, fungus and dust mites.
• Socks: In December 2013, manufacturer Agron Inc. paid $204,954 for making unapproved anti-microbial claims on various brands of socks, sold under the labels Adidas Costco, Barricade and AdiZero.

More fines/settlements due to unregistered and misbranded pesticides can be found at www.cdpr.ca.gov/docs/mill/actions/fines.htm

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