Robust U.S. Environmental Protection Agency (EPA) enforcement under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) continued throughout 2025, marked by several high-value settlements—particularly involving antimicrobial pesticides and pesticide devices—and a steady cadence of administrative actions across the supply chain. The following summarizes five enforcement policies and trends that have shaped the FIFRA landscape this year:
1. EPA pursued a high volume of administrative actions and substantial penalties throughout 2025, underscoring its continued commitment to vigorous FIFRA enforcement.
- One of the year’s most significant actions involved a large national retailer that, in May 2025, agreed to a $3,066,724 settlement for, among other things, allegedly distributing unregistered pesticides and misbranded pesticide devices.
- In another major case, a leading specialty chemicals manufacturer agreed in June 2025 to a $1,126,404 penalty for allegedly distributing a misbranded disinfectant wipe that lacked required directions for use and bore misleading safety and efficacy claims.
- EPA has also maintained a particular focus on disinfectant cleaning products imported from Mexico, underscoring that unless these products are produced and labeled in full compliance with FIFRA, they are considered unregistered pesticides even where equivalent EPA-registered products exist in the United States.
- These cases collectively highlight that large-scale penalties remain very much in play, especially for importation and distribution of unregistered pesticides or misbranded device products across the retail, import, and private-label segments of the supply chain.
2. EPA scrutiny of antimicrobial pesticide devices remains high.
- Compliance in this area is uniquely challenging because, although devices are not subject to premarket EPA review or registration, they are still covered by FIFRA’s prohibition against false or misleading claims.
- Many home appliances and other consumer products may be subject to regulation as pesticide devices under FIFRA if they are distributed with claims to “sanitize” or otherwise act against bacteria. Yet, EPA has never issued guidance defining its specific expectations for device efficacy, performance substantiation, or label claims—leaving regulated entities to operate in an environment with limited regulatory direction.
- Many of EPA’s existing FIFRA regulations were not designed with pesticide devices in mind, creating interpretive gaps that continue to drive enforcement risk for manufacturers, importers, and retailers.
- At least some additional EPA guidance may be forthcoming in the coming year: Congress, through the Pesticide Registration Improvement Act of 2022 (PRIA 5), directed EPA several years ago to develop public-health performance standards for antimicrobial pesticide devices. PRIA 5 sets aside up to $500,000 per year for fiscal years 2023–2027 for EPA to develop efficacy test methods for devices making public-health claims, and EPA’s first such methods—focused on air purifiers—are expected soon.
3. EPA also issued a high number of Notices of Recommendation to Refuse Admission (NORRAs) in 2025, reflecting continued scrutiny of pesticide and device imports.
- NORRAs and U.S. Customs and Border Patrol (CBP) redelivery notices continue to be triggered most often by shipments of unregistered pesticides, misbranded pesticide devices with antimicrobial claims, and products lacking complete Notice of Arrival (NOA) information.
- These actions reinforce that import compliance remains a significant FIFRA enforcement risk—particularly for distributors and private-label companies that rely on overseas manufacturers—and that even seemingly minor paperwork or labeling errors can result in shipment delays, detention, or re-export orders.
- Companies importing pesticide products or devices should anticipate continued aggressive NORRA issuance in 2026 and ensure that import controls, documentation, and supplier oversight are robust.
4. At the beginning of 2025—just before the change in administrations—EPA launched a new FIFRA Expedited Settlement Agreement (ESA) Pilot Program.
- Modeled on EPA’s existing Section 7(c) ESA policy for certain establishment-reporting violations (in place since 2019), the 2025 Pilot Program was designed to streamline resolution of additional “minor” FIFRA violations that are easily correctable and do not present significant risk to human health or the environment.
- Although the Pilot Program has not been formally withdrawn by the Trump administration, its practical value remains uncertain. The scope of eligible violations is relatively narrow, and based on EPA’s public administrative enforcement database, most expedited settlements issued in 2025 appear to have been processed through the existing Section 7(c) pathway rather than the new Pilot Program (with at least one exception: a $2,400 ESA settlement with a chemical manufacturer on October 3, related to alleged NOA errors).
- As EPA continues to adjust its enforcement priorities, stakeholders should watch whether the Agency expands its use of the Pilot Program—and whether additional opportunities to resolve minor violations through expedited settlement emerge in 2026.
5. EPA’s Final Insecticide Strategy (released April 29, 2025)—following the model of the 2024 Herbicide Strategy—is expected to drive significant new spray drift and runoff/erosion mitigation requirements in the coming years.
- These measures are not self-executing; rather, EPA will incorporate them gradually through future active-ingredient registration actions and registration-review decisions. Even so, the Strategy represents a meaningful shift in the FIFRA compliance landscape, placing greater responsibility on applicators, growers, and landowners to determine how to meet label-mandated mitigation obligations based on local field characteristics, site-specific conditions, and application methods.
- Effective compliance will require increased coordination among applicators and landowners as they plan applications, including new communication channels and documentation practices to ensure that required mitigations are identified and implemented. Stakeholders may find it useful to look to EPA’s longstanding Worker Protection Standard (WPS)—with its established training, communication, and recordkeeping frameworks—as a potential model for operationalizing and documenting compliance under EPA’s new Insecticide and Herbicide Strategies.
- EPA has also indicated that a Draft Fungicide Strategy is expected in 2026, which will further broaden the scope of pesticide-specific mitigation and compliance obligations.
Implications for Registrants, Distributors, Retailers & Importers
Given these trends, companies across the pesticide and pesticide-device supply chain should take careful note:
- Registration and Labeling Compliance Remain Paramount. Distributing unregistered pesticides or misbranded pesticide devices remains among EPA’s most heavily penalized violations under FIFRA. Robust internal review of product labels, claims, and regulatory compliance is essential.
- Imports and Notices of Arrival Present Elevated Risk. EPA’s aggressive import-screening posture in 2025—including a high volume of NORRAs—signals continued scrutiny of NOA filings, foreign-origin products, and import documentation. Even minor discrepancies can trigger shipment delays or enforcement.
- Antimicrobial Products and Devices Are a Central Focus. Consistent with post-pandemic enforcement patterns, EPA remains especially active in scrutinizing sanitizers, disinfectants, wipes, and devices marketed with antimicrobial or public-health claims.
- New Labeling and Mitigation Requirements Are on the Horizon. As EPA implements its Final Herbicide and Insecticide Strategies—and prepares to release a Draft Fungicide Strategy next year—registrants and users should anticipate new spray-drift, runoff, and Endangered Species Act-related label obligations. Developing mechanisms to document compliance with these evolving requirements will be increasingly important.
EPA’s 2025 enforcement record sends a clear message: FIFRA remains an active and high-priority enforcement area. The Agency has not only maintained but, in several respects, intensified its scrutiny of imported pesticide products, including antimicrobials and devices. For registrants, distributors, and sellers, the risk environment in 2026 may be higher than expected. Proactive FIFRA compliance—through internal audits, enhanced import and supply-chain controls, and focused employee training—remains the most effective way to reduce exposure to enforcement in the year ahead.
