Wow. I have long since stopped being shocked about what many manufacturers think is true about the 25b exemption laws. Not a week goes by that I don’t have calls from people with 25b formulations with a host of myths and mis-understandings about the 25b laws. The following are some of the more common beliefs, which are NOT TRUE:
- If the actives are ‘natural’ the product is exempt – false
- If the ingredients are GRAS the product is exempt – false
- Only the actives need to be exempt – false
- If I only say it ‘repels’ then it is not a pesticide and thus exempt – false
- If my product is fully exempt, I don’t need data – false (many states do not acknowledge federal exemption)
- My product is not a ‘pesticide’ if it does not kill – false
- If my product is exempt, it is not under the jurisdiction of EPA – false
Let me be clear, I am NOT a regulatory expert and I do not consult on such legal matters. But if any of the above comments ring true with your product, email me and I can help get you in contact with regulatory experts that can help you. I am one of the strongest proponents of 25b but the vast majority of ‘25b’ products in this industry are completely illegal on one level of another. Just because you see a competitor with a claim, or an ingredient, does not mean it is legal. Do your homework on your natural formulation, even if you have already launched the product. Just because your competitor is sliding by doesn’t mean you will. If EPA doesn’t police the category, the states still can… and FTC already has fined 25b products for false labels so cover your bases. A natural ‘repellent’ is STILL a ‘pesticide’ by EPA’s definition and you must follow the laws.
