Section 90. Misbranding; false or misleading statements

Among representations in the labeling of a pesticide which render it misbranded are the following:

1. A false or misleading statement concerning the composition of the product.

2. A false or misleading statement concerning the effectiveness of the product as a pesticide or device.

3. A false or misleading statement about the value of the product for purposes other than as a pesticide or device.

4. A false or misleading comparison with other pesticides or devices.

5. A false or misleading representation as to the safety of the pesticide or of its ingredients, including a statement such as "nonpoisonous," "noninjurious," or "nonhazardous," unless the product is in fact safe from all conditions.

6. Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by any agency of this Commonwealth.

7. The name of a pesticide which contains two or more active ingredients, if it suggests the name of one or more but not all such ingredients, even though the names of the other ingredients are stated elsewhere in the labeling.

8. A true statement used in a way which would give a false or misleading impression to the purchaser.

Historical Notes

Former 2VAC20-20-90, derived from VR115-04-03 § 9, eff. May 28, 1986; amended, Volume 07, Issue 05, eff. January 2, 1991; Volume 07, Issue 24, eff. September 25, 1991; renumbered as 2VAC5-670-90, Virginia Register Volume 29, Issue 01, eff. October 10, 2012.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.