When non-traditional claims are stated on a label or labeling concerning a product or when an application for a license or registration of a non-traditional product is submitted, we may request additional information to substantiate claims or provide evidence of usefulness or value for the product. As a result, the commissioner may require a person applying for a license or registration to manufacture or distribute a product for use in this state to submit authentic experimental evidence or university research data to substantiate the claims made for the product.
The commissioner may rely on experimental data, evaluations, or advice furnished by experts at the University of Minnesota as evidence to substantiate claims and may accept or reject additional sources of evidence in evaluating claims. The experimental evidence must relate to the conditions in this state for which the product is intended. The commissioner may also require evidence of value when used as directed or recommended.
If our agency determines that the evidence submitted does not adequately document the product's usefulness in this state, the commissioner may require the applicant to submit samples, conduct tests, or submit additional information, including conditions affecting performance, to evaluate the product's performance and usefulness. (Minn. Stat. 18C.401)
What do we consider as authentic experimental evidence or university research data? It is research from such groups as land grant universities, USDA (United States Department of Agriculture) and other reputable research organizations. In addition, the information submitted should be in the form of a research paper and include at a minimum; a discussion of the materials and methods including the treatment and experimental design, results, and appropriate statistical analysis.
Experimental evidence must relate to conditions in this state (environmental, application rates, soil, target crop etc.) for which the product is intended and must correspond to the actual product intended to be registered or licensed.
Other informational sources such as incomplete articles, literature reviews, research summaries, abstracts, pictures, testimonials, news articles and fact sheets are not considered acceptable evidence when evaluating product claims or a product’s usefulness or value.
