But I have looked at your label and it is identical to Nalcos Sta-br-ex label except for the dosage information that is adjusted to account for the higher activity of BromMax®. Surely this means you must be infringing on Nalcos patents?
No, the BromMax® label was deliberately written to look like the Nalco label to speed the regulatory path forward. According to FIFRA section 3[c](3)(b)(i), the EPA grants an expedited review if a product is similar or identical in composition and labeling to a product that is already registered with the EPA. In an attempt to qualify for such a review, Enviro Tech wrote the BromMax® label to appear as identical as possible to the Sta-br-ex label. This is known as “substantially similar to” labeling.
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