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Heavy Metal Certified

Using the mark

Mark

A certification mark is not a logo. It is a legal instrument that says a specific product was tested to a stated threshold, on a stated panel, in a stated basis — and its scope must travel with it wherever it appears.

Page snapshot
USPTO serial99307306
Licensed perproduct
Analyte panel10
Scope linerequired

What the mark asserts

Most food marks are claims about a quality nobody can measure at the shelf. This one is a claim about a measurement, and the measurement is published. That makes it checkable, and it also makes its limits precise.

It does assert
This product was tested at or below every published value for its subcategory
On the ten-analyte panel, in the product’s native basis
By a laboratory accredited to ISO/IEC 17025
Across a minimum three-lot baseline, with continuing surveillance
Against a named, dated, versioned standard anyone can read
It does not assert
That the product is safe
That analytes outside the panel were controlled
That other products from the same brand are certified
That another form of the same product is certified
Anything about nutrition, sourcing or any other attribute

The mark does not say a product is safe. No test can say that, and a certifier who implies it has told a customer something it cannot support. It says the product was tested at or below every published value for its subcategory, in that product’s native basis, on the ten-analyte panel, by an accredited laboratory, within a stated period.

Artwork

HMTc mark, burgundy on light
Primary · on light
HMTc mark, white on dark
Reversed · on dark
No reproduction spec published yet

Program Manual Part 2.5 governs who may display the mark and what may be claimed alongside it, but sets no minimum size, clear space or color-reproduction rules. Those belong in a mark usage guide that does not exist yet. Until it does, this page states no dimensions rather than inventing them — a printer following a fabricated spec would be following nothing.

Who may display it

Mark usage is gated on certification status, per SKU. It is not a brand-level entitlement, and it does not survive a status change.

Status A — Certified (Full)may display
Status B — Certified (Transitional)may display
Status C — Probationmay not
Status D — Suspensionmay not
Status E — Revocationmay not
In Confidential Remediation Trackmay not
Granted perSKU, not brand

A brand must hold at least one SKU at Status A or B before any use of the mark is permitted. Products inside the Confidential Remediation Track may not display it — the Track protects the record, not the right to advertise.

Program Manual Part 2.5 §6.1.

Prohibited claims

The mark certifies that a product has been independently tested and meets defined action levels under an ongoing surveillance protocol. It does not certify safety, and that distinction is what the prohibited list protects.

Prohibited
“Heavy metal free”
“No toxic metals”
“100% safe from heavy metals”
Any language implying absolute safety or zero risk
Any language implying the mark indicates absence of heavy metals
“Certified by the Institute of Contaminant Standards” — the Institute governs, it does not certify
Supportable
“Heavy Metal Tested & Certified”
“Independently tested against published action levels”
“Tested on a ten-analyte panel by an accredited laboratory”
“Under ongoing lot surveillance”
Naming the standard and edition the SKU was tested against

Prohibited wording is quoted from Program Manual Part 2.5 §6.2, which names it as a non-exhaustive list. Any language implying absence of heavy metals or elimination of risk falls under the same rule.

Dropping and re-entry

A brand that pulls the mark during a bad period cannot quietly restore it on the first good lot. Without this rule, selective display would let a brand hide an exceedance and then present an unbroken certification record — the mark would signal luck rather than sustained compliance.

Re-entry to mark usage requires three consecutive passing lot results at Status A or B levels, and closure of any open CAPA associated with that SKU. This applies whether the mark came off voluntarily or by enforcement.

Program Manual Part 2.5 §6.3 — anti-arbitrage.

Brand visibility controls

A brand may opt out of publicly displaying its certified SKUs in any program registry or consumer-facing surface. The decision to show or hide a certified SKU rests entirely with the brand, and it is set per SKU rather than per account.

What this means for the register

The public register is therefore not a census of certified products. A product may be certified and deliberately absent from it. That is why certificate lookup is single-record and keyed to a lot, certificate number or product code — a browsable list could never be complete, and presenting one as complete would be the misleading part.

Program Manual Part 2.5 §6.4.

Control and non-discrimination

Federal certification-mark registration is in process with the USPTO under Lanham Act §1054; the EU filing is parallel and also pending. A registered certification mark carries obligations a trademark does not — the owner must control how the mark is used, may not produce the goods it certifies, and may not refuse to certify a product that meets the standard. The program commits to operating under those obligations now, while registration is pending, rather than treating them as something that begins on the day a certificate issues.

The published standard is the only gate. Any product that tests at or below every value in the Master Limit Table for its subcategory, on the stated panel and basis, is certified — regardless of who makes it, whether they hold other Institute of Contaminant Standards (ICS) programs, or what they sell alongside it. The fee pays for the audit. It does not buy the outcome, and no fee tier changes a threshold.

Standard is the only gateyes
Fee affects the thresholdno
Program produces certified goodsno
Refusal appealablebinding review
Other programs requiredno
Proposed commitment, not yet in the manual

Unlike §§6.1–6.4 above, this section is not reproduced from Program Manual Part 2.5. The manual contains no non-discrimination provision. The commitments here are drafted from the obligations that attach to a registered certification mark, and each is binding on the program once published — they belong in the Governance Policy before this page ships.

A denial can be appealed to the Independent Appeals Committee, whose review is binding on the program operator. That route exists precisely so that a refusal can be tested by someone who does not answer to the party who issued it.