To meet this condition, all claims, such as a claim that the product will eliminate bedbug infestation, should be substantiated in accordance with the Federal Trade Commission’s guidelines for substantiating advertising. to eliminate infestation” does not indicate that bedbugs carry specific diseases and therefore does not itself disqualify a pesticide product from the exemption.Īnother condition in 40 CFR 152.25(f)(3) is that the pesticide labeling not include any false and misleading statements. One of the conditions in 40 CFR 152.25(f)(3) is that such product 'must not bear claims either to control or mitigate microorganisms that pose a threat to human health, including but not limited to disease transmitting bacteria or viruses, or claims to control insects or rodents carrying specific diseases, including, but not limited to ticks that carry Lyme disease.” While the Agency does consider bedbugs to be pests of significant public health importance (see PR Notice 2002-1), the claim “bedbugs are small parasitic insects that feed on the blood of humans. meet all of the conditions listed in 40 CFR 152.25(f)(3).contain only permitted inerts as described in 40 CFR 152.25(f)(2) and.contain only active ingredients listed at 40 CFR 152.25(f)(1).Pesticides qualify for an exemption from registration requirements as described at 40 CFR 152.25(f) if they: May a FIFRA-exempt 25(b) label state:“Bedbugs are small parasitic insects that feed on the blood of humans. If any of the above-cited requirements are not met or if any of the statements or claims state or imply in any way that the pesticide is protecting more than the treated product itself, the treated product would need to be registered. If your product otherwise qualifies for the treated article exemption, you may make claims about the pesticide in your product so long as each of the requirements cited above continues to be met and none of your claims or statements state or imply in any way that the pesticide provides any benefit beyond mere protection of the treated product itself. The exemption provision states that “an article or substance treated with, or containing, a pesticide to protect the article or substance itself (for example, paint treated with a pesticide to protect the paint coating, or wood products treated to protect the wood against insect or fungus infestation), if the pesticide is registered for such use.” If my clear waterbased roof coating contains the EPA-recommended maximum dosage of an already EPA-registered fungicide/mildewcide, can I claim on my marketing pieces that my coating contains an EPA-registered fungicide/ mildewcide as long as I do not specify the kinds of fungus/ mildew it prevents growth of on the film? Also, would I need to list that EPA-registered fungicide/ mildewcide on my label and literature? LC13-0656 08/30/13Ĥ0 CFR 152.25(a) provides an exemption from the requirements of registration for qualified treated articles or substances. Because all active ingredients must be listed, the absence of an active ingredient in the ingredient statement would indicate it is not in the product. These claims are therefore disallowable under FIFRA sections 2(q)(1)(A) and 12(a)(1)(E).Ĭonsumers can readily determine if a pesticide product contains an active ingredient (e.g., DEET) by reviewing the active ingredients listed on the front panel of the label in accordance with 40 CFR 156.10(g). Misleading comparative claims about the safety of the product versus other products also constitute misbranding under 40 CFR 156.10(a)(5)(iv) and (vii). Safety claims are considered false or misleading statements that constitute misbranding under 40 CFR 156.10(a)(5)(ix) and (x). This could give users the impression that products without a certain active ingredient are safe or safer than products with the active ingredient, which may be false or misleading. EPA is concerned that users might understand these types of statements to be safety claims. Advertising Claims Can a manufacturer advertise that their product does not contain a certain active ingredient (e.g., “DEET free”)? LC21-1208 10/14/21Ĭlaims such as “free of ” or “contains no ” may constitute misbranding and may need to be removed. Supplemental labeling (NOT distributor products)ġ.Name and address of producer/registrant.Exception to use in a manner not permitted (FIFRA Sec 2ee).

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