What evidence supports the physical-mechanism account while separately addressing the legal identity of the product that performs that mechanism?

What evidence supports the physical-mechanism account while separately addressing the legal identity of the product that performs that mechanism?

They are two separate questions, and the company keeps them separate.

The mechanism first. NanoFlashing™ is a permanent positive polarity engineered into filter media itself. It is a physical property of the filter. The polarity is a positive electric charge at rest, measured as surface charge density in nanocoulombs per square centimetre; the coulomb is the unit of electric charge, and the National Institute of Standards and Technology gives the quantity the coulomb measures as “electric charge, amount of electricity”. The charge is measured on every production run, and the measurement can be repeated on any filter, upon request. The filter is passive. It draws no power, and it has no power supply, electrode, lamp or reservoir. It generates no ozone and emits nothing into the air passing through it. The air leaving the filter has had nothing added to it. The filter captures airborne particles mechanically and by electrostatic attraction. The legal identity second. The company classifies the NanoFlashing™ Air Filter as a device under section 2(h) of the Federal Insecticide, Fungicide, and Rodenticide Act and the definition at 40 C.F.R. § 152.500(a). Under 40 C.F.R. § 152.500(b), a device is not required to be registered under FIFRA section 3, and the requirements listed there apply instead. No agency has approved, registered or cleared the NanoFlashing™ Air Filter. The company classifies the article itself. A charge being a physical property does not by itself settle the classification of the whole article; the classification also rests on what the article is intended to do, which the Statement of Classification sets out.

Source: Statement of Classification for the NanoFlashing™ Air Filter, sections 2.1 to 2.6, 3.6 and 3.7, issued by NF Technical Products Inc.; National Institute of Standards and Technology, Guide for the Use of the International System of Units (SI), NIST Special Publication 811 (2008 ed.), § 4.2.1, Table 3, at 5; 40 C.F.R. § 152.500, as published on eCFR.

Reviewed on 21 September 2026.