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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 […]


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