Pesticide Labeling Questions & Answers - Pictures and Logos
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(Note: Contact your Pesticide Product Registration Ombudsman for specific label issues about a single product).
These answers are not intended to create significant new guidance or require any changes to previously accepted labeling. The Agency will contact registrants directly about how to correct problematic labels as appropriate. Changes to EPA accepted labeling will only be required in accordance with standard agency procedures. These answers are primarily based on federal law, regulations and policies implemented by EPA. States, tribes, territories, and other federal agencies may have additional requirements relevant to their jurisdictions.
- Advertising Claims
- Antimicrobial Claims
- Contract Manufacture
- Use Sites
- Definitions of Terms
- Distributor Product Labeling
- Exception to Use in a Manner Not Permitted (FIFRA Sec 2ee)
- Existing Stocks
- General Labeling
- Labeling from Web Sites
- Multiple Products Packaged Together
- NAFTA Labeling
- Pesticide Exemption (FIFRA 25B)
- Pictures and Logos
- Repacked Products
- Service Containers
- Subject to FIFRA
- Superlative Terms
- Supplemental Labeling (NOT distributor products)
Can a label contain pictures of plants or fruit to indicate the productís fragrance for those whom may not understand English and use pictures to understand the scent? LC11-0431; 10.6.11
The Agency reviews graphics on pesticide labeling on a case-by-case basis.Graphics or symbols may not be false or misleading. See FIFRA § 2(q)(a)(1) and 40 CFR § 156.10(a)(5). In some cases, it may be acceptable to use a picture of a plant or fruit on a label to indicate the fragrance of a pesticide product. However, if the product did not contain the fragrance depicted by the graphic, it would likely be misleadin g. For antimicrobial products, the use of graphics depicting fruit on an antimicrobial label is further addressed in a letter to the Consumer Specialty Products Association (CSPA) located on the EPA web site at http://www.epa.gov/oppad001/fruitgraphic.htm. This letter describes a number of questions a company should address in determining whether the use of certain food or food-like fragrances and/or graphics on an antimicrobial label could make the product attractive to children. Increased potential for accidental ingestion or other exposure due to heightened product attractiveness to children could impact whether a product could pose a risk of unreasonable adverse effects on man or the environment, and therefore whether it can be registered.
We have recently been awarded OMRI (Organic Material Review Institute) certification on two of our products and are wondering how to add this to our labels. Is the OMRI logo permissible and is it a notification or amendment? LC08-0148, 1/17/08
According to the OMRI website, OMRI "is a national nonprofit organization that determines which input products are allowed for use in organic production and processing" (http://www.omri.org/OMRI_who.html). Submission of products to OMRI for certification is voluntary. Addition of logos such as the OMRI logo to pesticide labeling must be submitted to OPP as amendments. Use of the OMRI logo is considered an organic claim -- See the USDA's National Organic Program website for more information on organic production (http://www.ams.usda.gov/nop/indexIE.htm). Organic claims are reviewed to determine whether they might be false or misleading. OPP review of an organic claim may go beyond OMRI review as the Agency has access to formulation information and manufacturing information that OMRI often lacks. For additional information on organic claims, see PR-Notice 2003-1 and the Label Review Manual, Chapter 12.IV.
Can a corporate logo "The Gold Standard for Performance" be used on labels in conjunction with a picture logo? Can the disclosure of ingredients (active and inerts) be portrayed in Microsoft table format? (LC08-0145)
The Agency has generally considered slogans/logos such as “The Gold Standard for Performance” to be heightened efficacy claims and therefore potentially false and misleading statements under 40 CFR 156.10(a)(5). The term "the Gold Standard" is not a new term or slogan but it is one that is widely recognized and intended to imply indirectly or state directly attainment of the highest or ultimate quality and/or a peerless product or level of performance. The statement at the least implies the product is better than others and that any other product registered for the same or similar use(s) would not be as efficacious as the product bearing the slogan/logo. Without sufficient supporting documentation showing the slogan/logo is neither 1) false (e.g. documentation demonstrating that the product meets criteria of some defined standard that the Agency has independently found not to be misleading) nor 2) misleading (e.g. evidence showing consumers would not be misled by the slogan/logo), the Agency will not accept use of such slogans/logos on labels or labeling.
With respect to ingredient disclosure, formatting requirements are found at 40 CFR 156.10 (g) (1) and (2). The terms (active and inert ingredients) must be of the same type size, be aligned to the same margin and be equally prominent. The ingredient statement must run parallel to other text on the panel on which it appears and be clearly distinguishable from and must not be placed in the body of other text. As long as the Microsoft table format meets these requirements it would be permissible.
- Can an approved symbol (e.g. Good Housekeeping, DOT Hazard, Green Seal,
etc.) be added to a registered pesticide product label without prior
approval by the Office of Pesticide Programs (OPP)? If not, what is
the process and/or procedure for getting approval? If prior approval
is not needed, must a registrant notify EPA of the added symbol? (LC06-0057)
The Agency approves symbols such as the logos listed above on a case-by-case basis. Under 40 CFR 152.46, EPA may identify through a public process those changes that may be made to labels without obtaining prior approval from EPA. Consistent with that regulation, in PR Notice 98-10, EPA announced that symbols required by other Federal agencies may be added to a pesticide label without notification to EPA. At the current time, logos and symbols such as those listed in the question above, must be approved by EPA prior to placement on a pesticide label. The approval process is initiated with an application for amended registration and/or registration. During the approval process, the Agency will consider, among other things, whether the logo or symbol is false or misleading (see 40 CFR 156.10(a)(5)). The Agency encourages registrants and applicants to meet with OPP to discuss symbols before submitting an application for amendment.
- Is it acceptable to include pictures of adult people on labels for turf
products? I found in the Label Review Manual that children are not
allowed. However the manual is not clear if adults are allowed on the
label. It basically discusses if the picture is of someone applying
the product, then they need to have the proper PPE. Can we show an
adult, who is not applying the product, but show the turf as part of a
lifestyle through graphics such as an adult riding a bike on a sidewalk
along the front yard or have them on the yard, reading, playing a game,
Pictures of adults may be used on a label as long as the photos are not used in such a manner as to be misleading or otherwise inconsistent with FIFRA or its implementing regulations. Depending on how the picture or image is used, it could imply that the product could be used on a site or in some way for which it is not labeled. Depending on the way pictures are presented, they can mislead the potential buyer into thinking one way, while the labeling text is saying something else. The picture or image cannot be in conflict with any label text.