"new" and Similar Terms

Terms like "new," "now," "improved," and similar terms may be used within the following guidelines:

1. The terms may only be used for a period of 6 months from the date of the initial approval, except as noted in 2., 3., and 4. below.

2. Extensions to the 6-month period may be granted if:

a. Processors can demonstrate that production or distribution delays precluded the use of the approved labeling as scheduled. In such situations, the lost time can be restored.

b. Processors can demonstrate that labeling inventory needs for the 6-month period were over estimated due to poor sales. The processors must maintain records which indicate the amount and the date the labeling was originally purchased. In this situation, up to an additional 6 months can be granted. No further extension will be considered.

3. In those situations where it is customary to distribute "new" products to various geographical regions, each geographic area may receive a sketch approval for 6 months if the processor can assure adequate controls over the segregation and distribution of the products.

4. In situations where it is customary to test market product in no more than approximately 15 percent of the intended total marketing area before total distribution begins, labeling for the test market area can receive a sketch approval and also be included in the 6-month sketch approval given to the labeling of the product distributed to the total marketing area. Processors must be able to assure that only 15 percent of the total market is involved in test marketing.

See: Policy Memo 107 dated August 18, 1987