Separate Statement of Commissioner Orson Swindle
in United Industries Corporation, Matter No. 982-3183

I have voted to file the complaint to challenge as deceptive the advertising claims that United made for Terminate, except for the claim contained in paragraph 22.(1) Because some of these claims appear to have had their genesis in label claims that the Environmental Protection Agency (“EPA”) approved under the Federal Insecticide, Fungicide and Rodenticide Act, I also strongly urge the EPA to take prompt remedial action to address these label claims.


(1)I do not support paragraph 22 of the complaint because a reasonable consumer would understand that to be effective a system that uses bait (such as cheese in a mousetrap) would necessarily require monitoring and replenishment of bait, not simply a single baiting of the trap.