Pesticide Advertising Regulations

• Pesticide advertising and promotion are regulated to ensure responsible presentation of product information.

Introduction

• The International Code of Conduct encourages vigilance in product information presentation.
• In the Philippines, Article XI of the FAO/WHO International Code of Conduct on Pesticide Management is followed.
• Members of the Crop Protection Association of the Philippines (CPAP) and CropLife Philippines (CLP) abide by these codes.
• Advertising is also governed by Republic Act 7394, the Consumer Protection Act.
• The ADBOARD Advertising Content and Regulations Committee (ACRC) was the main self-regulation arm, but the Ad Standards Council (ASC) took over in March 2008.
• Advertising must be legal, decent, honest, and truthful, according to Digna Santos, ASC Executive Director.

Scope of Coverage

• The Code applies to all advertising and marketing communication, including digital marketing.
• It covers the promotion of goods, services, companies, and institutions.
• Everyone involved in marketing communication must observe the code.

Definitions

• Advertising is defined as promoting the sale and use of pesticides through various media (print, electronic, signs, etc.).
• Promotions are temporary additional values given to a brand, product, or service for specific marketing objectives.

Guidelines on Advertising and Promotions

• (FAO/WHO International Code of Conduct on Pesticide Management, 2014)
• All statements in advertising must be technically substantiated.
• Advertisements should not mislead buyers with exaggerated claims or ambiguities.
• This includes safety, nature, composition, or suitability of the product.
• Pesticides restricted to trained operators should not be publicly advertised unless the restriction is clearly shown.
• No company should market different pesticide active ingredients under a single brand name.
• Advertising should not encourage uses not specified on the approved label.
• Promotional material should not include unreliable usage recommendations.
• Advertisements should not misuse research results or scientific literature.
• Claims like "safe," "non-poisonous," or "harmless" should not be made.
• Statements comparing product safety are prohibited.
• Misleading statements about product effectiveness are not allowed.
• Guarantees without definite evidence are prohibited.
• Advertisements should not depict dangerous practices (mixing without protection, near food, near children).
• Advertising should highlight appropriate warning phrases and symbols.
• Technical literature should provide adequate information on correct practices.
• Examples include recommended rates, frequency, and safe pre-harvest intervals.
• False comparisons with other pesticide brands are prohibited.
• Sales staff must be trained and knowledgeable.
• Advertisements should encourage purchasers to read the label.
• Advertising materials should not be attached to trees and lamp posts.
• Point of purchase giveaways should be limited to personal protective gear.
• Discount coupons/raffle tickets are not allowed as counter giveaways.
• Promotional materials should not include foodstuffs.
• Member companies should not participate in over-the-counter promotions by dealers/retailers.
• The integrity of demonstration signs should be maintained.
• Competing companies should not remove plot signs that don't belong to them.

Requirements of the ASC for Advertising

• All materials must be submitted in two clear copies for screening.
• Presentation Materials:
  • For television and cinema ads: - Storyboards: - Must use plain 8.5in x 11in or A4 size white bond paper. - Should have six frames per page. - Visuals must be in full color. - Elements must be clear. - Storyboards must have adequate descriptions and camera directions. - Video description in all frames (supers and qualifiers). - Audio details in all frames (music, SFX, incidental sounds). - Copy text should be a minimum of 12 point Arial font size.
  • For Taped TV Portion Buys: - Detailed frame-by-frame audio-video script must be submitted for review. - Photo board of pre-approved script must be submitted.
  • For radio ads: - Radio scripts must use 8.5in x 11in or A4 size white bond paper. - Should use a minimum of 12 point Arial font. - Scripts must be properly labeled (Live DJ spiel, Jingle, etc.).
  • For print or merchandising materials: - Layout must be in full color. - Should be printed on 8.5in x 11in or A4 (actual size).
• For Billboards and Similar Out-of-Home Ads: - Static Ads: - OOH/Billboard layout must be clear and printed on 8.5in x 11in or A4 white bond paper in full color. - The layout must specify the size of the material. - Moving Ads (Electronic/LED): - Storyboards must use 8.5in x 11in or A4 size white bond paper. - Should have six frames/page. - Visuals must be in full color. - Must have adequate descriptions and camera directions. - Video description in all frames (supers and qualifiers, if any). - Audio details in all frames, including music, SFX.
• Internet, Mobile and Digital Ads: - Static Ads: - Internet/Mobile/Digital Ads design should be in full color and printed on a plain 8.5in x 11in or A4 size white bond paper. - Video / Moving Ads - Storyboards must be on a plain 8.5in x 11in or A4 size white bond paper containing only 6 frames per page. - Visuals in the storyboard must be in full color. - Storyboards must have adequate descriptions and camera directions. - Detailed video description in all frames including supers and qualifiers, if any. - Detailed audio in all frames including music, SFX and incidental sounds, if any. - Copy text shall be a minimum of 12 point Arial font size
• Claim Support Documents: - Make available information, materials or documents to help screening. - Types of Acceptable Support: - Own product performance without comparative claim: - Company-owned document signed by technical or high-ranking official. - Documents from those directly involved in advertising are not acceptable (e.g., Brand Managers). - Testimonial claim that does not relate to product performance: - Documents, affidavits, certifications of service use or preference by the person making testimonial. - Testimonial claims which relate to own product performance: - Published research data. - All other claims: - Support documents from an acceptable/reliable third party.
• Applicable Government-Issued Documents: - Common documents for ad pre-screening: - FDA Certificate of Product Registration: For food and drug products - FDA Certificate of Product Notification: For cosmetic products - DTI/DOH-FDA Promo Permit: For food, drug, cosmetic product sales promotion - CAB Approval: For airline promo fares - NTC Promo Permit: For telco promo - Music License: If using original music tracks - HLURB Permit: For real estate ads - NHI Clearance: If using national symbols and icons - BSP Clearance: If using official banknotes and coins
• Other Claim Support Documents/Materials: - Product packaging and Labels, submit copy or label. - Certificate of New Product Launch, client-issued document.

Prohibited Advertising Practices

• Advertising is regulated in cooperation with the ASC.
• Regulation Prohibitions:
  • Advertising of pesticides as "safe" with qualifiers.
  • Showing use with improper protective gear or bystanders.
  • Including unapproved uses or claims.
  • Promoting unregistered products.
  • Advertising restricted pesticides inappropriately.
  • False or misleading comparisons.
  • Any false statement.
• Advertisements must state, "This is an FPA- Registered Pesticide Product, Use it strictly in accordance with its label."
• Violations may result in a P50,000 fine and/or suspension/cancellation of registration.

Appendix I: ASC Offenses and Penalties

• The Advertiser has final responsibility for advertising.
• ASC encourages stakeholders to uphold ASC process.
• Penalties include fines and non-screening of materials.
  • Airing/publication/installation without ASC clearance: - 1st Offense - P100,000 - 2nd Offense - P200.000 plus non-screening - 3rd Offense - P300,000 plus non-screening
  • Airing/Publication/Installation/Display/Posting of Banned Material or CDO Violation: - 1st Offense - P110,000 - 2nd Offense – P220,000 plus non- screening
  • Faking of any ASC Clearances and Official Documents: - 1st Offense - P220, 000 plus non- screening of the materials of the product for six (6) months. - 2nd Offense - P440,000 plus non- screening of the materials of the product for one (1) year.
  • Faking of 3rd Party Certification, Research, Lab and Clinical Tests and Fabrication of Other Evidences: - 1st Offense - P220,000 plus non-screening of materials of the product for six (6) months plus CDO. - 2nd Offense - P440, 000 plus non-screening of materials of the product for one (1) year plus CDO.
  • Manipulation of ASC documents: After violation, the penalty includes: - 1st Offense - P300,000 plus non-screening for three (3) months, and CDO effective immediately. - 2nd Offense - P600,000 plus non-screening for six (6) months, and CDO effective immediately. - 3rd Offense - P900,000 plus non-screening for (1) year, and CDO effective immediately.
  • Breach of Confidentiality: - 1st Offense - P55,000 for every pick-up of the press release or publicity - 2nd Offense - P110,000 for every pick- up of the press release or publicity plus six (6) months non-screening of the concerned product - 3rd Offense - P220,000 for every pick-up of the press release or publicity and one (1) year non-screening of the concerned product
  • Cancellation of a Scheduled Regular Refer-to-Panel Screening or Hearing Panel on or in less than 24 hours before the scheduled date of Screening/Hearing: - Fine of P5,000.00
  • No-show at a Weekday Special Screening (S1 & S2) without prior notice: - 100% Non-refund of fees plus a fine of P3,300.00
  • No-Show at a Weekend or Non-Working Day Special S2 Screening Session without prior notice: - 100% Non-refund of special screening fees plus P5,500.00 fine
  • For every 3 times no-show for Special Screening (S1 and/or S2) without prior notice: - P15,000.00 plus non-screening of the specific brand variant for three (3)months
  • FPA- False claims in advertisement: - Revocation of License
• Non-payment leads to non-screening of materials for all company brands.
• ASC informs government agencies of fraudulent acts.