SECTION 7.152. Advertising  


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  • (a) 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.

    (b) A person subject to regulation under this chapter shall not advertise to perform structural pest control services without a structural pest control license.

    (c) All advertisements must include the business name as indicated on the business license.

    (d) Advertising includes, but is not limited to, any written, audio, audiovisual, digital media, recorded telephone message, or other electronic communication to the public.

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; amended to be effective December 21, 2015, 40 TexReg 9116