The U.S. Environmental Protection Agency (EPA) has issued new guidance concerning "absence of an ingredient" claims on labels of pesticide products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This guidance, released in February 2024, seeks to address the growing demand for clarity from the regulated community regarding the lawful expression of such claims.
The guidance highlights that both pesticide products and devices fall under the scrutiny of FIFRA's mis-branding requirements, emphasising the importance of accurate labelling. The EPA's initiative is in response to the regulated community's quest for explicit direction on making "absence of an ingredient" claims without breaching FIFRA regulations. This move is anticipated to have a considerable impact on how products are marketed and labelled, ensuring that consumers are provided with truthful and non-misleading information.
Key Points of the New Guidance
- Scope of Application: The guidance applies to all EPA-registered pesticide products, offering detailed directions on how to legitimately claim the absence of specific ingredients in a product's labelling. This includes clarifications on what constitutes misleading or false claims under the current regulatory framework.
- Background and Rationale: The EPA underscores the necessity of this guidance due to the potential for "absence of an ingredient" claims to mislead consumers. Historically, such claims might suggest that a product is safer or more desirable than others containing the specified ingredient, which could contravene FIFRA's stringent misbranding prohibitions.
- Specific Cases and Examples: The guidance delves into particular substances like Sodium Hypochlorite (bleach), Phosphates, and N,N-Diethyl-meta-toluamide (DEET), providing examples of how claims related to these ingredients should be handled to avoid misleading consumers. For instance, it explains that "bleach-free" claims on certain products can be informative and not misleading, given the context in which they are used.
- Minimum Risk Pesticide Products: An important aspect of the guidance is its applicability to minimum risk pesticide products, which are exempt from FIFRA's registration requirements under specific conditions. The guidance clarifies that "absence of an ingredient" claims that are not false or misleading do not disqualify a product from this exemption.
- Future Updates and Application Process: The EPA intends to update its existing guidance documents, including the Label Review Manual, to align with the new directives. Additionally, the document outlines the application process for registrants seeking to modify their product labels in accordance with this guidance, ensuring a streamlined approach to compliance.
This comprehensive guidance marks a significant step towards enhancing label transparency and supporting informed consumer choices in the pesticide market. By clarifying the regulatory stance on "absence of an ingredient" claims, the EPA aims to foster a more transparent and trustworthy marketplace, encouraging the responsible marketing of pesticide products.
