In response to an inquiry, CVM has advised a manufacturer of type A medicated articles that there would be no objection to the franchised use of trademark or brand or trade names of his products by feed mills in the product names of their finished medicated feeds. However, CVM believes that such use of a brand (trade) name for a specific drug ingredient must be appropriate for the intended use of the feed and must not be otherwise misleading to the purchaser. So as not to be misleading in any particular and to be fully informative it was concluded that the labeling should include, along with the trademark name of the type A medicated article used, the established names of the active drug ingredients.
The inquirer was further advised that CVM has no objection to the franchised use of trademarks or brand (trade) names of active drug ingredients elsewhere on the label of a medicated feed, provided that when viewed in its overall context such use would not serve to misbrand the product. CVM would not concur in the use of these names in lieu of the required established name in the label statement of active drug ingredients or in any other listing of ingredients or in any statement of guaranteed analysis. Finally, in the event that a type A medicated article contains two or more drug ingredients, each of which has its own trademark or brand (trade) name, which differs from the brand (trade) name of the article, the names of the drug ingredients which accompany the product name of the medicated feed on the label must be only the established names.
This position conforms completely with the model feed law and regulations, and the labeling guidelines adopted by the Association of American Feed Control Officials, Inc. (AAFCO), as set forth in their Official Publication and enacted into law by most states.
When so franchised, medicated animal feed labels may bear the trademark or brand (trade) name of their active drug ingredients so as to be fully informative to the purchaser as to the source of the drug used. They may only be used in the product name of the medicated feed in a manner which is not misleading. They may not be used in lieu of the established drug name in the statement of active drug ingredients or in any other ingredient or guaranteed analysis statement.