June 17, 2010
ADVANCED NUTRIENTS
Oregon Department of Agriculture
635 Capitol Street NE
Salem, OR 97301-2532
Sent by Certified Mail
NOTICE OF NONCOMPLIANCE:
A recent Advanced Nutrients PR release titled, "Hydroponics Nutrients for Medical
marijuana Gain Government Approval" (
http://www.prnewswire.com/
news-releases/hydroponics-nutrients-for-medical-
marijuana-gain-government-approval-95489084.html), with the company contact specified as Michael Straumietis, contains false and misleading claims concerning Advanced Nutrients products.
As I explained in a letter of February 23, 2010, to Advanced Nutrients, "labeling" means any printed or verbal representation used to promote the sale of any fertilizer,
agricultural mineral, agricultural amendment or lime product. Labeling includes, but is not limited to: sales presentations, brochures, posters, websites, printed advertisements, radio and television advertisements [ORS 633.311 (14)]. Press releases are a form of labeling.
Oregon statute [ORS 633.366(2)(a)] considers a product mislabeled if the label or
labeling is "false, misleading or deceptive." Using Webster's Third New International
Dictionary as a guide, a claim is misleading if it, "lead in a wrong direction or into a
mistaken action or belief." Further, in identifying "mislead" as a synonym to "deceive" the dictionary states that "mislead" "indicates a causing to fall into error of some sort,
intentionally or not." Products with labels or labeling using terms or claims that may
mislead a consumer are mislabeled, and prohibited under Oregon law.
1) This press release states,
" .. . Oregon regulators have given first-ever official US approval to a brand of medical marijuana hydroponics nutrients ... "
The online version of the Merriam-Webster Dictionary defines approve as "to have or
express a favorable opinion of." Product registration means a product has met the
minimum requirements for sale or distribution in Oregon. No opinion, favorable or
otherwise, is expressed or implied.
This statement, which applies to the entire
Advanced Nutrients brand, is false and misleading.
2) This press release states, " . . . Oregon regulators have given first-ever official US
approval to a brand of medical
marijuana hydroponics nutrients ... " In fact, Oregon
has registered two Advanced Nutrients products with label claims stating the product
is for the production of medical
marijuana. Individual products are registered for sale
or distribution , not brands. This claim, which applies to the entire Advanced Nutrients brand, is misleading.
3) The press release stated, "Until Straumietis asked regulators to evaluate the medical
marijuana effectiveness and safety of Advanced Nutrients hydroponics formulas, regulators nationwide had apparently never considered how hydroponics nutrients specifically affect medical
marijuana crops."
To date, Oregon has not received a request from Mr. Straumietis to "evaluate the
medical
marijuana effectiveness and safety of Advanced Nutrients hydroponics
formulas .... " This labeling claim is false, and all "Advanced Nutrients hydroponic
formulas" may be considered mislabeled.
4) This press release stated, "Until Straumietis asked regulators to evaluate the medical
marijuana effectiveness and safety of Advanced Nutrients hydroponics formulas , regulators nationwide had apparently never considered how hydroponics nutrients specifically affect medical
marijuana crops."
This claim, that a state agency, which might be considered as an independent
evaluator, has evaluated and approved the safety of these products to produce
medical
marijuana is false.
This claim is also particularly disturbing, as it appears to be targeted to mislead a particularly vulnerable population, medical patients who have turned to medical marijuana in hope of some relief of their symptoms.
The claim that Oregon, the state referred to in the PR release, has evaluated the
effectiveness and safety of Advanced Nutrients hydroponics for use in the production of medical marijuana is false and misleading, and all "Advanced Nutrients hydroponic formulas" may be considered mislabeled
..
Don Wolf
Fertilizer Program Specialist
Oregon Department of Agriculture
503-986-4587
Fax: (503) 986-4735
For more information visit our website:
oregon.gov/ODAIPEST/fertilizer.shtml
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