UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       WASHINGTON, D.C.  20460

December 30, 1991                                         PR NOTICE 91-7


NOTICE TO MANUFACTURERS PRODUCERS FORMULATORS AND REGISTRANTS OF PESTICIDES

ATTENTION:  Persons Responsible for the Federal Registration of Pesticides

SUBJECT:    False and Misleading Statements


I.   PURPOSE:

      This notice articulates EPA's current policy with respect to the use of
label claims such as "professional strength", "extra strength", and other
similar unquantified claims of heightened efficacy, and sets forth the actions
registrants should take to remain consistent with the requirements of FIFRA.


II.  BACKGROUND:

      In the 1960s and early 1970s USDA and later EPA permitted certain
pesticide labeling to bear claims such as "professional strength", "extra
strength", "hospital strength", "extermination strength" and similar
unquantified claims of heightened efficacy. In the late 1970s and early 1980s,
EPA reevaluated this policy and determined for several reasons that such
claims were unacceptable, and therefore, not permitted on new or amended
labels, and should be removed from existing labels.

      The basis for the Agency's decision was that such label claims are false
or misleading and therefore constitute misbranding under section 2(q)(1)(A) of
FIFRA for the following reasons.  First, terms such as "professional strength"
or "extermination strength" misleadingly imply that these products contain
higher percentages of active ingredients or more effective active ingredients
than other products on the market. When EPA reviewed the list and percentages
of ingredients in these products, however, the Agency found that products
bearing such claims of heightened efficacy were generally no different from
other products in either strength or percentage of active ingredient.  Second,
because such claims appear on EPA approved labeling, they could mislead
consumers into believing that EPA has assessed such efficacy claims, or
created efficacy classifications for these products when in fact EPA does
neither. Finally, EPA is concerned that such claims may at times be confused
with required statements for restricted use pesticides which permit sale to
and use only by certified applicators. Because of the risks posed by
restricted use pesticides, the Agency believes it is important that the
distinction between restricted use and unrestricted pesticides remains clear
to retailers, purchasers and applicators.

      Although EPA has not approved new labeling bearing these types of claims
for many years, and has consistently taken the position that such claims are
unacceptable, there are still products in the marketplace that contain them. 
While the reregistration process will ultimately ensure that these
unacceptable claims are removed from pesticide labels, this will take a number
of years to accomplish.  Additionally, the Agency still receives label
amendments and new registration applications that contain these types of
misleading label claims. Accordingly, the Agency has issued this PR Notice to
inform  current and future registrants that such claims will no longer be
permitted on pesticide labeling.


III. Requirements

      To remain consistent with the requirements of FIFRA, claims such as
"professional strength", "extra strength" and similar statements must be
removed from pesticide labeling.  If these claims are part of the product
name, then a new name for the product must be proposed.  All such
modifications to product labeling wording must be submitted as proposed
amendments on the EPA application form 8570-1.  In the block headed "nature of
the action" make the following notation:  "Modification to product label in
accordance with PR Notice 91-7."  The amendment must be accompanied by five
(5) copies of the proposed revised labeling. All applications must be sent to
the Registration Division Product Manager to whom the product is assigned by
March 30, 1992 (3 months from the date of the notice).  Failure to submit an
application for amendment and revised labeling may result in the Agency's
issuance of a Notice of Intent to Cancel your product. Because the claims
addressed by this Notice may take many forms, the Agency realizes that it may
not be clear to some registrants whether this Notice applies to certain
labeling claims.  If you are unsure whether certain label statements on your
product labeling are subject to this Notice, please contact your Product
Manager.

      All products distributed or sold by registrants and supplemental
distributors (i.e., supplemental registrants) after Dec. 30, 1992 (12 months
from the date of this notice) must bear labeling which is consistent with this
notice and complies with FIFRA.  All products distributed or sold by persons
other than the registrant or supplemental registrant after Dec. 30, 1994 (36
months from the date of this notice) must bear labeling which is consistent
with this notice and complies with FIFRA.

IV For Further Information

      You may call Dennis Edwards, Insecticide-Rodenticide Branch, RD at
(703)305-6386 if you have any questions about this notice.


                                       Anne E. Lindsay, Director 
                                       Registration Division


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CERIS-Net Posting Date:  04.01.92

DISCLAIMER:  Beginning 01.92, PR Notices have been sent to CERIS/NPIRS on
             diskette by the U.S. EPA Documents Center in WordPerfect document
             format.  CERIS/NPIRS converts files to ASCII text with editing to
             facilitate file transfer before posting on the CERIS-Net system.

See also, PR Notice 92-6a, Ammendment PR Notice 91-7