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Pesticide News Story: Comment Period to Open for Proposed Guidance on False or Misleading Pesticide Product Brand Names

For Release: May 19, 2010

EPA is seeking public comment on a revised draft Pesticide Registration Notice (PRN) that proposes guidance on pesticide product brand names that may be false or misleading, either by themselves or in association with particular company names or trademarks.

The Agency believes that additional guidance is needed so that registrants can better understand the circumstances under which product brand names are potentially false or misleading and what kinds of corrective actions are needed for registered products already bearing such brand names. For example, one significant issue that continues to arise has been product brand names that involve safety-related claims such as "safe" or "natural," and may often include specific statements, claims, logos, pictures or other aspects of the label. A previous draft of this guidance was issued on March 28, 2002 for public comment (see Docket ID# EPA-HQ-OPP-2002-0084).

Overall, the intent of EPA’s proposed guidance is to bring all product names, which may include trademarked company names or brand names, into compliance with FIFRA and its regulations. Ensuring that pesticide product names are not false or misleading will help protect consumers who may consider product names as part of their purchase decision-making. This proposed guidance would also protect competitors that “play by the rules” with respect to product names. Comments on the revised draft PRN will be accepted until June 18, 2010.

The revised draft PRN and responses to previous public comments can be found at www.regulations.gov in Docket ID # EPA-HQ-OPP-2010-0282.

The Federal Register Notice of this action was published on May 19, 2010.

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