By Bob Baker

Yesterday, one of our sales representatives called me with a question that he did not know how to answer. He said that one of our distributors had made a decision that they would no longer make advertising claims that could not be backed up by facts. They had contacted him and asked what they should do about the product literature that they had produced on our products to be in compliance with the new policy. I advised him that we had approved the literature when they produced it and all of the claims were based on our test data and EPA Registration.

Truth in Advertising a Policy?

It struck me as odd that a major corporation felt the need to adopt a formal policy that they would tell the truth in their advertising. I had always assumed that being truthful was a need that was so basic that it did not need stating. Sure, we all know of crooks and con-artists that deliberately set out to swindle or mislead the public. Those, however, are supposed to be the exception. I decided to ask some questions to learn what had prompted this new "policy" decision in such a large company.

It turns out that it was related to the "Treated Articles" issue that we discussed last month. This company sells products that have Antimicrobials incorporated during manufacture. They had made advertising claims that suggested that use of those products could prevent the growth of bacteria, mold, and other organisms. These claims, as we learned last month are just the types of claims that EPA has targeted in their clarification of the existing law. This company was caught in an embarrassing situation. They had made claims for their products they had assumed were OK and had never thought to question whether there was any data to support the claims or if they could be demonstrated through actual tests. It turns out that they were simply following the lead of others with like products. Apparently, no one in the industry could tell who started making such claims or why. I was glad that our products were registered and relied only on claims that were reviewed and approved by EPA as part of the registration process.

Are The Claims True?

As some of us discussed the above, a question that came up is, Does it make any difference if any data has actually been developed? Many of these claims just seem to be common sense. If an Antimicrobial product is added to, for example, a filter, then that filter should then have Antimicrobial properties. Fortunately, we do not have to speculate about this. Some new research that was reported on at the ASHRAE conference in Toronto provided some solid information. The Research Triangle Institute was hired to conduct a study of the effectiveness of three different brands of air filters that the manufacturers claimed Antimicrobial properties for.

For each brand four different filters were tested. Two used treated filter media. Two used the same media without the Antimicrobial treatment. One of each pair was tested as supplied. The others were coated with dust as if they had been used. The results reported were a shock to everyone. For one brand of filters, nothing grew. It did not matter if it was treated or not, dust loaded or not. Nothing grew. For another brand, there was growth on every filter tested, both treated and untreated versions. On the last filter there was growth on some samples tested and other samples did not show growth. Whether there was growth or not did not seem to directly relate to the treatment.

There was a lot of discussion about the report. The report raised more questions than answers. Some present suggested that the test methods might have been flawed. Finally, it was agreed that a lot more study is needed and the results of the study will not be published (nor the brands tested revealed) until the data is better understood and the study fully completed. We can expect a lot more testing to confirm product claims in the future and those products that have not had the claims verified will start to disappear from the market.

Protecting Yourself

Using products that are properly registered by EPA provides you considerable protection and your customers assurance of effectiveness for the uses listed on the label. Until Existing stocks of various unregistered products that are being sold with unproved claims are removed from distribution, it is important to be able to tell the difference between those registered and the others.

This is simple and straightforward. If a product or its advertising makes claims of Antimicrobial properties, ask to see the label on the container the product is sold in (not a product brochure). To be legal, the claims made must be listed on the label, the label must contain specific directions for the location where you intend to use it (air conditioning systems, for example), and the label must include an EPA registration number (EPA REG #). A product not having all three of these elements on the label is either not registered or is being improperly represented. Often, products are sold for use in air conditioning systems and have an EPA number but do not mention air conditioning applications on the label. Such products are intended for other uses and may not be either safe or effective for use in air conditioning systems. Many products contain ingredients that are harmful or irritating if inhaled. Such products may be effective Antimicrobials but should not be used where they could enter the air stream. If you are still in doubt, call the EPA hot line (800-447-6349). They will tell you if the product is properly registered for the application you want to use it for.

Mr. Baker's field of expertise is the control of contamination in air-conditioning and ventilating systems by mold, mildew and bacteria. He writes and speaks frequently about the efficacy, legal risks, and regulatory issues involved in various control strategies. He serves on ASHRAE Technical Committee TC 2.3, TC 2.4, TC 9.8, and Sampling of Airborne Particulate Concentration in Commercial and Residential Buildings GPC 17P. He also serves as a member of ASTM D22.06 (Indoor Air Quality) and is on the Board of Directors of the Indoor Air Quality Association and the Florida Public Health Foundation. Because HVAC applications encompass new uses from an U.S. EPA regulatory standpoint, Mr. Baker works closely with the EPA and industry groups, including serving as the chair of the IAQ committee of the Consumer Specialty Products Association, to help formulate policy in this area.

Bob Baker is Chairman and CEO of BBJ Environmental Solutions, Inc., a company specializing in providing clean air through environmentally responsible products, such as BBJ MicroBiocide , BBJ Micro Coil Clean , "FreshDuct Odor Eliminator ", and BBJ Mold and Mildew Remover™ as well as the revolutionary new Power Coil Clean™. For additional information, Mr. Baker can be reached at (800) 889-2251 or through the company web site at http://www.bbjenviro.com.