Pesticide Labeling Questions & Answers - Superlative Terms
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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)
- Is Draft PR Notice 2002-X in effect? Section IV. B. 2 of Chapter 12 of the Label Review Manual seems to be in conflict with PR 2002-X, regarding use of superlative terms in product brand names. Can a term like, "Super" or "Ultra" be used in a product brand name without qualifying it with the term "Brand"?; are the other disclaimers in PR 2002-X required at this time? (LC07-0124; 11/1/07)
PR Notice 2002-X is only a draft PR Notice, and is not in effect at this time. Section 12(a)(1)(e) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) makes unlawful the sale or distribution of any pesticide which is misbranded. "Misbranded" is defined, in part, in FIFRA 2(q)(1)(A) as bearing "any statement ... which is false or misleading in any particular." You should rely on the Agency regulations concerning false or misleading claims [40 CFR 156.10(a)(5) and 40 CFR 156.10(b)(2)]. In particular, 40 CFR 156.10(a)(5)(iv) lists "a false or misleading comparison with other pesticides or devices" as an example of a claim that may constitute misbranding. Additional guidance on this issue is limited to the Label Review Manual. The descriptors "Super" o6+r "Ultra" may be found to be misleading on a case-by-case basis, if EPA determines that these terms in context imply unwarranted claims of heightened efficacy. We suggest that you speak to the Product Manager assigned to your pesticide to discuss whether these terms are acceptable for your product.