Under Section 18 Emergency Exemptions, can a manufacturer advertise or promote the additional use?

Under Section 18 Emergency Exemptions, can a manufacturer advertise or promote the additional use?

• A. No
• B. Yes
• C. Only with state approval
• D. Not specified

Answer: (A)

When a Section 18 Emergency Exemption is granted, the allowed use is strictly limited to what the exemption specifies and still must align with the product’s labeling. Manufacturers cannot advertise or promote an additional use outside of that approved scope. Promoting an extra use would imply EPA approval for a use not covered by the exemption, which can mislead label claimants and run afoul of pesticide laws (misbranding or false advertising). Communications from the manufacturer should reflect only the exemption’s terms and not advocate for uses beyond what is permitted. So the manufacturer cannot advertise the additional use.

When a Section 18 Emergency Exemption is granted, the allowed use is strictly limited to what the exemption specifies and still must align with the product’s labeling. Manufacturers cannot advertise or promote an additional use outside of that approved scope. Promoting an extra use would imply EPA approval for a use not covered by the exemption, which can mislead label claimants and run afoul of pesticide laws (misbranding or false advertising). Communications from the manufacturer should reflect only the exemption’s terms and not advocate for uses beyond what is permitted. So the manufacturer cannot advertise the additional use.