Could an email sent with a quotation be considered part of the product's claims?
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Could an email sent with a quotation be considered part of the product's claims?
It could.
Labelling is defined by what accompanies the device, not by the form the words arrive in. 7 U.S.C. § 136(p)(2) defines labelling as “all labels and all other written, printed, or graphic matter — (A) accompanying the pesticide or device at any time; or (B) to which reference is made on the label or in literature accompanying the pesticide or device”. 40 C.F.R. § 156.10(a)(5) states that “a pesticide or a device declared subject to the Act pursuant to § 152.500, is misbranded if its labeling is false or misleading in any particular including both pesticidal and non-pesticidal claims.” A quotation sent to a buyer is written matter, and a claim made in it is a claim.
Source: 7 U.S.C. § 136(p)(2), FIFRA as posted by EPA; 40 C.F.R. § 156.10(a)(5), as published on eCFR.
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