Residential Pools and Spas

Federal Court finds for industry over non-chlorine sanitisers

February 24, 2021

The Federal Court of Australia has set aside an order that would have stopped the use of swimming pool and spa sanitising products containing hydrogen peroxide and polyhexanide hydrochloride.

The Australian Pesticides and Veterinary Medicines Authority (APVMA) issued a Notice of Cancellation in the Gazette notice of 28 July 2020. Following an appeal by Waterco to overturn the ruling by the APVMA, the Federal Court applied an injunction until a final decision was made.

That decision has now been handed down in favour of Waterco.

On Wednesday 17 February 2021, the Federal Court of Australia set aside the APVMA’s decision under section 41 of the Agricultural and Veterinary Chemicals Code Act 1994 to cancel the approvals of certain swimming and spa pool sanitiser products containing hydrogen peroxide and polyhexanide hydrochloride, as published in the Gazette on 28 July 2020.

As a result of the Federal Court’s decision Waterco can continue selling Poppits and Perox products without any restriction. It’s important to mention that the previously affected products must be used in accordance with their label instructions.

“Waterco was always of the view that the decision was unlawful and ultimately commenced proceedings to have the decision set aside,” says Victor Quijada, water treatment product manager.

It also means Lo-Chlor’s chlorine-free products Aquaspa and Aquafresh may continue to be sold across Australia and New Zealand and used in accordance with their label instructions and no further restrictions apply.

“This is a fantastic result not only for our company and our customers but the thousands of families out there who are constantly seeking alternatives to chlorine and bromine for spas, hot tubs and swimming pools,” says Paul Simons, managing director of Lo-Chlor.

Fluidra also has products that will benefit from this decision.


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