Philly Co Falsely Claimed Pesticide Could Kill COVID-19: Feds

PHILADELPHIA — A Philadelphia company and its founder have been federally charged with fraud-related crimes after authorities said they claimed its pesticide product could kill the SARS-CoV-2 virus.

United States Attorney David Metcalf said that Philadelphia-based ViaClean Technologies, LLC and its founder, James Young, 46, of Cherry Hill, New Jersey, were charged by indictment with conspiring to commit mail fraud and wire fraud, mail fraud, and violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Sean Storrie, 59, of Philadelphia, was also charged with FIFRA violations.

Under FIFRA, products that claim to kill or repel bacteria or germs, including disinfectants, are considered pesticides and must be registered with the United States Environmental Protection Agency. Public health claims can only be made regarding products that have been properly tested and are registered with the EPA.

Young and Storrie appeared in a federal magistrate court in Philadelphia Tuesday. ViaClean Technologies, LLC will have its initial appearance on Sept. 5.

Authorities allege ViaClean and Young conspired with others to sell registered pesticides using false and misleading claims about the products.

The company and Young knowingly mislead potential customers by claiming that the pesticide products — which were used to inhibit the growth of odor-causing and stain-causing bacteria, mold, mildew, and algae — were effective at killing the SARS-CoV-2 virus.

The company, Young, and Storrie are also charged with misdemeanor FIFRA violations for selling the pesticide products by making claims that differed from the approved master labels for the products.

In March 2021, the EPA ordered ViaClean to stop making inaccurate health claims about the pesticide, which included saying it was effective against surfaces from public health related pathogens such as the coronavirus.

According to the EPA, ViaClean provided two fact sheets about the pesticide that contained public health claims to at least one customer, including the statement that the pesticide can be used to kill "germs."

Some online distributors, cleaning services, and end-recipients of the pesticide were also making unsubstantiated claims that this product is effective against pathogens, germs, disease-causing bacteria, viruses, and/or the novel coronavirus for up to 90 days, the EPA said.

The EPA issued a Stop Sale, Use or Removal Order to prevent the pesticide from continuing to sell this product with public health claims that have not been substantiated through the pesticide registration process.