New advertising regulations in the E.U.

For all advertising measures intended for the European market, you need to comply with the Crop Protection EU directives.
 

Complying with Advertising Regulations in the E.U.

In light of the Monsanto integration, we expect a stronger observation of our campaigns and advertising measures. For all advertising measures intended for the European market, you need to comply with the Crop Protection EU directives.

The regulations as stated in the Official Journal of the European Union have been in effect since 2009. They concern the placing of plant protection products on the market and require the observance of a mandatory indication on all advertising.

Especially important is the following sentence that must be easy to read, and easy to distinguish from the ad itself:

“Use plant protection products safely. Always read the label and product information before use.”

The regulations have an impact on print as well as online advertising and we have to ensure that we obey these legal requirements within the E.U. We’ve created examples to show how the indication can be presented. Again, please note, the regulations only effect crop protection advertising within the E.U.
 

Although the regulations have been observed in the past, the controlling of compliance has not always been a major factor. However, since that is likely to change under new market circumstances, please take the time to brush up on what is actually required to ensure we are in compliance.

Here’s what you need to know about Regulation (EC) No. 1107/2009 concerning the placing of plant protection products on the market as stated in Article 66 of the Official Journal of the European Union:
 

• Plant protection products which are not authorized shall not be advertised. Every advertisement for a plant protection product shall be accompanied by the sentences ‘Use plant protection products safely. Always read the label and product information before use’. These sentences shall be easily legible and clearly distinguishable in relation to the whole advertisement. The words ‘plant protection products’ may be replaced by a more precise description of the product-type, such as fungicide, insecticide or herbicide.
• The advertisement shall not include information in text or graphic form which could be misleading as regards possible risks to human or animal health or to the environment, such as the terms ‘low risk’, ‘non-toxic’ or ‘harmless’. Only in the case of low-risk plant protection products shall the term ‘authorized as low-risk plant protection product in accordance with Regulation (EC) No 1107/2009’ be allowed in the advertisement. It cannot be used as a claim on the label of the plant protection product.
• Member States may prohibit or restrict the advertising of plant protection products in certain media, subject to Community law.
• All statements used in advertising shall be technically justifiable.
• Advertisements shall not contain any visual representation of potentially dangerous practices, such as mixing or application without sufficient protective clothing, nor any use near food or use by or in the vicinity of children.
• Advertising or promotional material shall draw attention to the appropriate warning phrases and symbols as laid down in the labelling.

You can download the entire Official Journal of the European Union here (for internal use only).

Should you have any questions or uncertainties about your obligations, please contact your legal department for assistance.