8 CCR 1203-1, pt. 6 - Misbranding

6.1. False and misleading statements. A pesticide or a device is misbranded if its labeling is false or misleading in any particular including both pesticidal and non-pesticidal claims. Examples of statements or representations in the labeling which constitute misbranding include:

(a) A false or misleading statement concerning the composition of the product;

(b) A false or misleading statement concerning the effectiveness of the product as a pesticide or device;

(c) A false or misleading statement about the value of the product for purposes other than as a pesticide or device;

(d) A false or misleading comparison with other pesticides or devices;

(e) Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by any governmental agency;

(f) The name of a pesticide product (except devices) which contains two or more principal active ingredients if the name suggests one or more but not all such principal active ingredients even though the names of the other ingredients are stated elsewhere in the labeling;

(g) A true statement used in such a way as to give a false or misleading impression to the purchase;

(h) Label disclaimers which negate or detract from labeling statements required. An example of a disclaimer which would render a product misbranded is: "The information furnished herein is provided gratuitously by the manufacturer who assumes no responsibility whatsoever for the effectiveness or safety of this product regardless of whether or not it is used as directed.";

(i) Claims as to the safety of the pesticide or pesticide product or its ingredients, including statements such as "safe:, "nonpoisonous", "noninjurious", "harmless", or "nontoxic to humans and pets" with or without such a qualifying phrase as "when used as directed"; or

(j) Non-numerical and/or comparative statements on the safety of the product, including but not limited to:

i) "Contains all natural ingredients";

ii) "Among the least toxic chemicals known";

iii) "Pollution approved";

6.2. Justification of false and misleading statements not permitted. The use of any false or misleading statement on any part of the labeling, given as the statement or opinion of any person or based upon such statement or opinion shall not be justified nor may such statement be justified by the fact that the statement or opinion is actually that of such person.

Notes

8 CCR 1203-1, pt. 6

38 CR 23, December 10, 2015, effective 12/30/2015 39 CR 23, December 10, 2016, effective 12/30/2016 40 CR 20, October 25, 2017, effective 11/30/2017 42 CR 18, September 25, 2019, effective 10/30/2019