Thursday, August 6, 2009

Labeling Claims with Product Name

Product names cannot constitute false and misleading claims. Although a company has the discretion to name its product, the company is still governed by the false and misleading standard. An example of a misleading product name is, “Fresh Squeezed Disinfectant.” The phrase “Fresh Squeezed” in the name is misleading because it could convey that the product is meant to be consumed. Following is the Agency’s current guidance on false or misleading product names:

  1. Product names, claims or statements that express or imply a higher-level antimicrobial activity than demonstrated by testing are not acceptable.
  2. General superlative terms such as "super," "superior," and "ultra" no longer need to be qualified by the term "brand" in a product name. However, this determination still does not allow terms or claims like those which clearly imply heightened efficacy (e.g., "hospital strength," "professional strength," etc.)
  3. The Office of Pesticide Programs is under no obligation to ensure registrants use the correct trademark TM or ® and copyright © symbols on labels. Registrants are encouraged to use the correct symbols in labeling.
  4. If a product falls within the scope of the Worker Protection Standard and contains an organophosphate (i.e., an N-organophosphorus ester that inhibits cholinesterase) or an N-methyl carbamate (i.e., an N-methyl carbamic acid ester that inhibits cholinesterase), the label shall indicate the term directly under the Product Name or in the first aid statement.

The exact same name cannot be used for different products registered by any registrant. The product name must be sufficiently different to clearly distinguish one product from another. However, a supplemental distributor may use the same product name as the parent product.

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