EPA Grants Gro-Pro Request for New Label Language

What has been common place in the pharmaceutical industry for years is about to debut in the pesticide industry—product labeling that includes a statement identifying the branded version of the generic alternative. The EPA Office of General Counsel recently granted a request from post-patent supplier Gro-Pro LLC to use the statement on its product labels, marking the first time this type of language has been approved for pesticide product labels.

On all product labels moving forward, Gro-Pro will include a statement saying, “Contains [name of active ingredient], the active ingredient used in [brand-name].” Such language is routinely included on the labels of generic drug products.

According to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), a product is identical or substantially similar to a branded product if it would be identical or substantially similar in composition and labeling to a currently-registered pesticide; or if it would differ in composition and labeling from such currently-registered pesticide only in ways that would not significantly increase the risk of unreasonable adverse effects on the environment.

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