Point of purchase materials which refer to specific meat or poultry products are considered labeling under certain circumstances. When printed and/or graphic informational materials (e.g., pamphlets, brochures, posters, etc.) accompany or are applied to products or any of their containers or wrappers at the point of purchase, such materials and the claims that they bear are deemed labeling and they are subject to the provisions of the Federal Meat Inspection Act and the Poultry Products Inspection Act.

Although the Food Labeling Division (FLD) does not exercise its authority to subject point of purchase materials to specific prior approval (materials shipped with the products from the federally inspected establishment are an exception), we do expect point of purchase materials to be in accordance with the Federal regulations and all current labeling policies. Upon request, FLD will review and comment on the point of purchase materials submitted to our office. During the review process, promotional materials will be scrutinized for special claims, particularly those related to nutrition, diet, and animal husbandry practices.

Claims related to nutrition and diet must be made in accordance with all current nutrition labeling regulations. Continuing compliance with stated claims will be assured through periodic sampling, as necessary. Claims are expected to be within the compliance parameters identified in the nutrition labeling regulations.

Animal husbandry claims (e.g., the nonuse of antibiotics or growth stimulants) may be made only for products shipped in containers or wrappers labeled with the same animal production claims.

See: Policy Memo 114A dated August 18, 1994