SECTION 7.152. Advertising  


Latest version.
  • A licensee must not use false, misleading or deceptive advertising. Examples of statements or representations which constitute false, misleading or deceptive advertising include the following:

      (1) a false or misleading statement concerning the composition of products used;

      (2) a false or misleading statement concerning the effectiveness of a 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;

      (5) a statement directly or indirectly implying that a pesticide or device is recommended or endorsed by any agency of the state or federal government, such as "EPA Registered" or "EPA Approved";

      (6) a true statement used in such a way as to give a false or misleading impression to the consumer;

      (7) disclaimers or claims which negate or detract from labeling statements on the product label;

      (8) claims as to the safety of a pesticide or its ingredients, including statements such as "free from risk or harm", "safe", "non-injurious", "harmless", or "non-toxic to humans and pets", with or without such a qualifying phrase as "when used as directed";

      (9) claims that the pesticides and other substances the licensee applies, the application of such pesticides, or any other use of them are comparatively safe or free from risk or harm;

      (10) claims that the pesticides and other substances the licensee applies, the applications of such pesticides, or any other use of them, are "environmentally friendly", "environmentally sound", " environmentally aware", " environmentally responsible", " pollution approved", "contain all natural ingredients", "organic", or are "among the least toxic chemicals known"; and

      (11) claims regarding its goods and services for which the licensee does not have substantiation at the time such claim is made.

Source Note: The provisions of this §7.152 adopted to be effective December 29, 1994, 19 TexReg 9997; amended to be effective September 1, 2000, 25 TexReg 5632; amended to be effective May 5, 2005, 30 TexReg 2519; transferred effective September 1, 2007, as published in the Texas Register August 17, 2007, 32 TexReg 5189