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For years, EPA has asserted broad authority to regulate products that are labeled or marketed with express or implied pesticidal (including antimicrobial) claims. During the current pandemic, that authority has been exercised aggressively, particularly against products, many of which are imported, that claim or suggest effectiveness in fighting coronavirus and other microbes. A novel litigation challenge to one such EPA enforcement action provides a timely reminder of the extensive scope of the authority claimed by the agency under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
