EPA Issues Guidance on “Absence of an Ingredient” Claims for Pesticide Products
Released on February 1, 2024
Today, EPA is issuing guidance to clarify how it will evaluate “absence of an ingredient” claims for pesticide products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). These claims appear on pesticide labeling and state that the product is free of a particular ingredient. “Absence of an ingredient” claims that are false or misleading are not permissible under FIFRA. In limited instances, where information indicates that these types of claims are not false or misleading, EPA will allow these types of claims. In this guidance, EPA discusses some specific “absence of an ingredient” claims commonly proposed by applicants, such as “absence of bleach,” “absence of phosphates,” and “absence of DEET.”
Generally, before a pesticide may be sold or distributed in the U.S., it must be registered with EPA under FIFRA. For a pesticide to meet the FIFRA registration standard, applicants must, among other things, demonstrate that the pesticide product’s labeling is consistent with the requirements of FIFRA. These requirements include that the pesticide not be misbranded. A pesticide may be misbranded if its labeling bears any statement, design, or graphic representation that is false or misleading.
EPA will consider “absence of ingredient” claims on a case-by-case basis and may allow those claims if there is information that ensures the claims are not false or misleading. In addition, in some instances, “absence of an ingredient” claims should include a qualifying statement that is prominently displayed and adjacent to the claim (e.g., “Not a safety claim”), so that the potential to mislead or confuse the public is limited.
EPA’s guidance document discusses some commonly requested “absence of an ingredient” claims.
- For “bleach-free” claims, EPA understands that a “bleach-free” claim is not generally viewed as a safety claim and thus not misleading on certain products because it can help users better understand that bleach is in a product to ensure they do not apply the product to items that bleach may damage (e.g., clothing).
- For “phosphate-free” claims, EPA would generally not consider those claims to be misleading when used on products because phosphates are considered as inert ingredients and have no pesticidal purpose. Since phosphate would typically be added to a formulation as an inert ingredient and would not typically be identified on the label, consumers would not usually be able to discern whether a product contains phosphate or is phosphate free without an explicit label claim. In addition, a declaration of phosphate content on product labels is consistent with EPA’s initiative and actions taken by states and localities to combat nutrient pollution in U.S. waterbodies.
- For “DEET-free” claims, EPA understands that there are reasons consumers want to have information about whether pesticide products contain DEET other than perceptions about its safety (e.g., odor and potential damage to plastic, rubber, vinyl, and elastic on items like clothing and backpacks). Under the guidance, EPA would generally not consider these specific claims to be false or misleading when accompanied by a qualifying statement like the following: “Not a safety claim.” Thus, EPA will generally allow “absence of DEET” claims to be used on the labeling of EPA-registered repellents that are applied to human skin and clothing for insects or ticks, as long as they are qualified to ensure that consumers are not misled about the safety of the product for humans or the environment relative to other products that contain DEET.
The guidance also provides information for how applicants or registrants may add these claims to their pesticide product labeling.
The “Absence of an Ingredient” Claims Guidance is available on EPA’s website under “Product Label Topics.”