Every pesticide must have labeling which is accepted by EPA before the pesticide can be sold or distributed. It is defined as a pesticide is misbranded if its labeling bears any statement, design or graphic representation which is false or misleading. EPA’s regulation, provides examples of statements that are considered to be misbranded such as:
• A false or misleading statement concerning the composition of the product.
• A false or misleading statement concerning the effectiveness of the product as a pesticide or device (EPA may review and approve or disapprove non-pesticidal claims appearing on a pesticide label).
• A misleading statement about the value of the product for purposes other than as a pesticide or device.
• A false or misleading comparison with other pesticides or devices.
• Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by an agency of the Federal Government.
• The name of a pesticide 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.
• A true statement used in such a way to give a false or misleading impression to the purchaser.
• Label disclaimers or warranty statements which negate or detract from labeling statements required under FIFRA and EPA’s regulations.
• Safety claims of the pesticide, or its ingredients, including statements such as “trusted,” "safe," "nonpoisonous," "noninjurious," "harmless" or "nontoxic to humans and pets" with or without such a qualifying phrase as "when used as directed.”
• Non-numerical and/or comparative statements on the safety of the product, including but not limited to:
- "Contains all natural ingredients"
- "Among the least toxic chemicals known"
- "Pollution approved"
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