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FTC’s Ban of “Biodegradable” Claims in the ECM Case Threatens an Expansion of FTC Authority (Case Comment)

By Peter A. Arhangelsky, Esq. On October 19, 2015, the Federal Trade Commission issued its Final Decision and Order (“Decision”) against ECM Biofilms, an Ohio-based company that produces additives used in plastics manufacturing.  See In re ECM Biofilms, FTC Docket No. 9358 (Oct. 19, 2015).  A copy of ECM’s press release concerning that decision is […]

FTC Bans “Biodegradable” on Products

In a decision that reverses its Administrative Law Judge and sets new national environmental policy, a Federal Trade Commission decision released on October 19, 2015 forbids the term “Biodegradable” from appearing on any product unless that product is shown to completely break down into elements in nature within five years after customary disposal.  See In re ECM […]

Jonathan Emord Appears on Coast to Coast AM with George Noory to Discuss the Passage of the California Vaccination Bill

Listen to Jonathan Emord’s recent appearance on Coast-to-Coast AM with George Noory.  Jonathan was George Noory’s guest for the first two hours.  He discussed the passage of California’s new vaccination bill, which may substantially reduce the scope of liberty for citizens.  That bill mandates proof of immunization before any child can enroll in public or […]

Jonathan Emord Discusses Vaccines, Personal Rights and Freedoms on Coast to Coast AM with George Noory

Listen to Jonathan Emord’s recent appearance on Coast-to-Coast AM with George Noory.  Mr. Emord was George Noory’s guest on March 17, 2015 for the first two hours.  Jonathan Emord addressed issues relating to vaccines, and personal rights and freedoms.  He noted that the US Government funds a national Vaccine Injury Compensation Program to the amount […]

D.C. Circuit: FTC’s Two RCT Requirement Violates the First Amendment

On January 30, 2015, the Circuit Court of Appeals for the District of Columbia entered its decision in the case of POM Wonderful, LLC (“POM”) v. Federal Trade Commission (“FTC”), No. 13-1060.  In that decision, the D.C. Circuit upheld the FTC’s findings that POM violated the Federal Trade Commission Act (“FTCA”) by misleading consumers through […]

Vermont GMO Labeling Bill is Constitutional Under the First Amendment

Last Wednesday, FoodNavigator-USA.com published an article written by Elaine Watson and entitled, “Vermont GMO labeling bill heads to governor’s desk. But can it withstand a First Amendment challenge?”  In that article, Watson notes how the bill, which requires GMO labeling for foods produced with genetic engineering and prohibits such foods from being labeled “natural,” has […]

Experts Recap Oral Arguments Before the Supreme Court in POM v. Coke

Oral arguments concluded on Monday, April 21, 2014,  in the POM v. Coke (Dkt. No. 12-761) case pending before the United States Supreme Court.  Click here to read what experts had to say about the arguments.  To recap, POM originally challenged Coke’s marketing for Minute Maid “Pomegranate Blueberry” fruit juice blend.  POM filed a Lanham Act […]

Attorney Peter Arhangelsky Comments on Upcoming POM v. Coke Decision

In a recent article appearing in Foodnavigator-USA.com, Emord & Associates’ principal Peter A. Arhangelsky predicts that a broad decision from the Supreme Court this year could limit food and dietary supplement manufacturers’ exposure to consumer suits in plaintiff-friendly states like California.  To get there, however, the Court must hold that the FDA is the exclusive […]

Press Release: Emord & Associates’ Legal Analysis of Vermont Genetically Engineered Labeling Bill, H.112, Concludes Bill Is Constitutional

Emord & Associates, P.C. is an AV-rated (highest in legal ability and ethics, Martindale-Hubbell organization) constitutional and administrative law firm located in Washington, D.C., Clifton, Virginia, and Chandler, Arizona (see emord.com).  The firm has represented clients in eight successful First Amendment challenges against the Food and Drug Administration since 1999.  On January 22, 2014, Emord […]

Commercialization of Qualified Health Claims

Qualified Health Claims permit nutrient-disease risk reduction claims to be made for dietary supplements without fear of FDA or FTC enforcement.  The FDA allows such claims in reliance on its “enforcement discretion,” following submission of a health claim petition.  The FDA’s “enforcement discretion” is a euphemism because the agency is constitutionally barred by precedent in […]


Whether evaluating a concept, performing regulatory due diligence, maintaining or prosecuting regulatory filings, or contesting adverse litigation, Emord & Associates provides exceptional counsel for all your litigation and regulatory needs.

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Telephone: (202) 466-6937
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Telephone: (602) 388-8899
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