The Federal Trade Commission announced last week filing of four consent decrees and an administrative complaint relating to companies selling various personal care products – shampoos, sunscreens, moisturizers – featuring claims such as “all natural” or “100% natural.” The FTC alleges that these claims were false or misleading because all of the products at issue
On September 14, FTC staff sent warning letters to five providers of environmental certification seals and 32 businesses that display them online, alerting them to the agency’s concerns that the seals may be deceptive and may not comply with the FTC’s Green Guides. Although the warning letters do not identify which certifiers, seals, or businesses
On May 18, 2015, the FTC announced a settlement with Nice-Pak Products, Inc., concerning claims that its moist wipes are “flushable,” “break apart after being flushed,” and are “safe” for sewer and septic systems. Nice-Pak marketed and sold its flushable wipes primarily through private label brands, such as Costco’s Kirkland Signature Moist Flushable Wipes, CVS’s
On February 6, 2015, Chief Administrative Law Judge D. Michael Chappell announced his decision (“Initial Decision”) in the case of FTC vs. ECM BioFilms. The Initial Decision rejects the FTC’s position codified in the FTC’s Guides for the Use of Environmental Marketing Claims (“Green Guides”) that
Last week, the FTC announced it had reached another settlement with a plastic lumber company regarding its green marketing claims. This is the FTC’s third settlement in five months relating to environmental claims for plastic lumber products (the other cases involved N.E.W. Plastics Corp. and American Plastic Lumber, Inc.).
The FTC’s complaint alleges that
The FTC announced last week that it had reached a settlement with N.E.W. Plastics Corp., d/b/a Renew Plastics, over allegedly improper recyclability and recycled content claims. The company manufactures plastic lumber products – including its Evolve and Trimax brands – used primarily in outdoor decking and furniture. According to the FTC’s complaint, the company claimed
The FTC recently announced that it had reached a settlement with Down to Earth Designs, d/b/a gDiapers, regarding composition, biodegradability, compostability, and disposability claims featured on the company’s infant diaper products. gDiapers markets and sells baby wipes (gWipes), disposable diaper liners (gRefills), and reusable diaper shells (gPants). According to the FTC’s complaint, the company advertised
The Federal Trade Commission (“FTC”) announced settlements with three mattress manufacturers last week that prohibit the manufacturers from making claims that their products are free from volatile organic compounds (“VOCs”) absent competent and reliable scientific evidence.
The companies involved – Relief-Mart, Inc., Essentia Natural Memory Foam Company, Inc., Ecobaby Organics, Inc. – are all alleged
In October, I posted an update on the FTC’s revised Green Guides. The Guides are designed to help marketers ensure the claims they make about the environmental benefits of their products are truthful and not misleading. Since then, Practical Law Company asked me to write a more detailed article about the Guides and what
Last month, the FTC issued a revised version of their Green Guides and a warning that they would closely scrutinize environmental claims. If you think the odds that the FTC will find your claims is low, you should remember that the FTC isn’t the only entity that can challenge you — your competitors can, too.
