Ecobaby Organics, Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 46950-46952 [2013-18611]
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46950
Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Notices
Analysis of Agreement Containing
Consent Order To Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, an agreement
containing a consent order from
Essentia Natural Memory Foam
Company, Inc., a corporation
(‘‘respondent’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement or make
final the agreement’s proposed order.
This matter involves respondent’s
marketing and sale of memory foam
mattresses. According to the FTC’s
complaint, respondent represented that
its mattresses do not contain volatile
organic compounds (‘‘VOCs’’), are
chemical-free, have no VOC off-gassing,
lack the odors commonly associated
with memory foam, and are made with
100% natural materials. The complaint
alleges that respondent did not possess
and rely upon a reasonable basis
substantiating these representations
when it made them. Moreover, the
complaint alleges that respondent
claims that tests show that the memory
foam used in respondent’s mattresses is
free of VOCs and Formaldehyde. The
complaint alleges that tests do not
support these claims. Thus, the
complaint alleges that respondent
engaged in deceptive acts or practices in
violation of Section 5(a) of the FTC Act.
Thus, the complaint alleges that
respondent engaged in deceptive
practices in violation of Section 5(a) of
the FTC Act. The Commission does not
typically challenge subjective claims,
such as smell.2 However, a consumer
acting reasonably under the
circumstances is likely to interpret
representations that a memory foam
mattress lacks the common smell
associated with memory foam to mean
that the mattress is free of VOCs.
The proposed consent order contains
three provisions designed to prevent
respondent from engaging in similar
acts and practices in the future. Part I
addresses the marketing of VOC-free
mattresses. It prohibits respondent from
making zero-VOC claims unless the
VOC emission level is zero micrograms
per meter cubed or the company
possesses and relies upon competent
and reliable scientific evidence that
their mattresses contain no more than a
trace level of VOCs based on the Green
Guides’ guidance on making free-of
claims.3 It also prohibits respondent
from making chemical-free claims.
Part II addresses VOC claims, odorfree claims and comparative odor
claims, environmental benefit or
attribute claims, certain health claims
made about mattresses, and natural
claims. It prohibits such representations
unless the representation is true, not
1 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
2 See FTC, FTC Policy Statement on Deception,
appended to Cliffdale Assocs., Inc., 103 F.T.C. 110,
174 (1984).
3 See Guides for the Use of Environmental
Marketing Claims, 77 FR 62, 122, 62,123 (Oct. 11,
2012).
sroberts on DSK5SPTVN1PROD with NOTICES
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c).1 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
essentianmfoamconsent by following
the instructions on the web-based form.
If this Notice appears at https://
www.regulations.gov/#!home. you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Essentia, File No. 122 3130’’ on
your comment and on the envelope, and
mail or deliver it to the following
address: Federal Trade Commission,
Office of the Secretary, Room H–113
(Annex D), 600 Pennsylvania Avenue
NW., Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before August 26, 2013. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
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18:55 Aug 01, 2013
Jkt 229001
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
misleading, and substantiated by
competent and reliable scientific
evidence.
Part III addresses claims that testing
supports respondents’ advertising
claims for its mattresses. It prohibits any
misrepresentations about the existence,
contents, validity, results, conclusion,
or interpretations of any test, study, or
research.
Parts IV though VII require Essentia
to: Keep copies of advertisements and
materials relied upon in disseminating
any representation covered by the order;
provide copies of the order to certain
personnel, agents, and representatives
having supervisory responsibilities with
respect to the subject matter of the
order; notify the Commission of changes
in its structure that might affect
compliance obligations under the order;
and file a compliance report with the
Commission and respond to other
requests from FTC staff. Part VIII
provides that the order will terminate
after twenty (20) years, with certain
exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order. It is not intended to
constitute an official interpretation of
the complaint or the proposed order, or
to modify the proposed order’s terms in
any way.
By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
[FR Doc. 2013–18612 Filed 8–1–13; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 122 3129]
Ecobaby Organics, Inc.; Analysis of
Proposed Consent Order To Aid Public
Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
DATES: Comments must be received on
or before August 26, 2013.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
ecobabyorganicsconsent online or on
SUMMARY:
E:\FR\FM\02AUN1.SGM
02AUN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Notices
paper, by following the instructions in
the Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Ecobaby Organics, File
No. 122 3129’’ on your comment and
file your comment online at https://
ftcpublic.commentworks.com/ftc/
ecobabyorganicsconsent by following
the instructions on the web-based form.
If you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex D), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
FOR FURTHER INFORMATION CONTACT:
Robin Moore (202–326–2167), FTC,
Bureau of Consumer Protection, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule 2.34, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for July 25, 2013), on the
World Wide Web, at https://www.ftc.gov/
os/actions.shtm. A paper copy can be
obtained from the FTC Public Reference
Room, Room 130–H, 600 Pennsylvania
Avenue NW., Washington, DC 20580,
either in person or by calling (202) 326–
2222.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before August 26, 2013. Write ‘‘Ecobaby
Organics, File No. 122 3129’’ on your
comment. Your comment—including
your name and your state—will be
placed on the public record of this
proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, like anyone’s Social
VerDate Mar<15>2010
18:55 Aug 01, 2013
Jkt 229001
Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which . . . is
privileged or confidential,’’ as discussed
in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c).1 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
ecobabyorganicsconsent by following
the instructions on the web-based form.
If this Notice appears at https://
www.regulations.gov/#!home. you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Ecobaby Organics, File No. 122
3129’’ on your comment and on the
envelope, and mail or deliver it to the
following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex D), 600
Pennsylvania Avenue NW., Washington,
DC 20580. If possible, submit your
paper comment to the Commission by
courier or overnight service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
1 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
46951
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before August 26, 2013. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
Analysis of Agreement Containing
Consent Order To Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, an agreement
containing a consent order from
Ecobaby Organics, Inc., a corporation
(‘‘respondent’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement or make
final the agreement’s proposed order.
This matter involves respondent’s
marketing and sale of natural latex
mattresses. According to the FTC’s
complaint, respondent makes three
types of claims about these mattresses.
First, respondent claims that its
mattresses are certified by the National
Association of Organic Mattress
Industry (‘‘NAOMI’’), an independent
third-party certifier with appropriate
expertise in evaluating whether
respondent’s mattresses meet objective
standards. However, the complaint
alleges that NAOMI is an alter ego of
respondent and not an independent
third-party certifier and, indeed,
awarded its seal to its own products
without applying objective standards.
Accordingly, the complaint alleges that
such representations are deceptive
practices in violation of Section 5(a) of
the FTC Act.
Second, respondent represents that its
mattresses are chemical-free;
Formaldehyde-free; free of VOCs, such
as Toluene and Benzene; and without
toxic substances. The complaint alleges
that respondent did not possess and rely
upon a reasonable basis substantiating
these representations when it made
them. Thus, the complaint alleges that
respondent engaged in deceptive
practices in violation of Section 5(a) of
the FTC Act.
Third, respondent claims that tests
show that its mattresses are VOC-free,
chemical-free, and Formaldehyde-free.
The complaint alleges that tests do not
support these claims. Thus, the
E:\FR\FM\02AUN1.SGM
02AUN1
sroberts on DSK5SPTVN1PROD with NOTICES
46952
Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Notices
complaint alleges that respondent
engaged in deceptive acts or practices in
violation of Section 5(a) of the FTC Act.
The proposed consent order contains
four provisions designed to prevent
respondent from engaging in similar
acts and practices in the future. Part I
addresses the marketing of VOC-free
and chemical free mattresses. It
prohibits respondent from making zeroVOC claims unless the VOC emission
level is zero micrograms per meter
cubed or the company possesses and
relies upon competent and reliable
scientific evidence that their mattresses
contain no more than a trace level of
VOCs based on the Green Guides’
guidance on making free-of claims.2 It
also prohibits respondent from making
chemical-free claims.
Part II addresses VOC claims, nontoxic claims, environmental benefit or
attribute claims, and certain health
claims made about mattresses. It
prohibits such representations unless
the representation is true, not
misleading, and substantiated by
competent and reliable scientific
evidence.
Part III addresses representations
about third-party certifications. It
prohibits any misrepresentations about
the degree to which an independent
third-party certifier has evaluated
respondents mattresses based on
environmental or health attributes, or
evaluated those attributes based on the
application of objective standards.
Part IV addresses claims that testing
supports respondents’ advertising
claims for its mattresses. It prohibits any
misrepresentations about the existence,
contents, validity, results, conclusion,
or interpretations of any test, study, or
research.
Parts V through VIII require Ecobaby
to: keep copies of advertisements and
materials relied upon in disseminating
any representation covered by the order;
provide copies of the order to certain
personnel, agents, and representatives
having supervisory responsibilities with
respect to the subject matter of the
order; notify the Commission of changes
in its structure that might affect
compliance obligations under the order;
and file a compliance report with the
Commission and respond to other
requests from FTC staff. Part IX provides
that the order will terminate after
twenty (20) years, with certain
exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order. It is not intended to
2 See Guides for the Use of Environmental
Marketing Claims, 77 FR 62, 122, 62,123 (Oct. 11,
2012).
VerDate Mar<15>2010
18:55 Aug 01, 2013
Jkt 229001
constitute an official interpretation of
the complaint or the proposed order, or
to modify the proposed order’s terms in
any way.
By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
[FR Doc. 2013–18611 Filed 8–1–13; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 122 3128]
Relief-Mart, Inc.; Analysis of Proposed
Consent Order To Aid Public Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
SUMMARY:
Comments must be received on
or before August 26, 2013.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
reliefmartincconsent online or on paper,
by following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Relief Mart, File No. 122
3128’’ on your comment and file your
comment online at https://
ftcpublic.commentworks.com/ftc/
reliefmartincconsent by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex D), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
FOR FURTHER INFORMATION CONTACT:
Robin Moore (202–326–2167), FTC,
Bureau of Consumer Protection, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule 2.34, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
DATES:
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for July 25, 2013), on the
World Wide Web, at https://www.ftc.gov/
os/actions.shtm. A paper copy can be
obtained from the FTC Public Reference
Room, Room 130–H, 600 Pennsylvania
Avenue NW., Washington, DC 20580,
either in person or by calling (202) 326–
2222.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before August 26, 2013. Write ‘‘Relief
Mart, File No. 122 3128’’ on your
comment. Your comment—including
your name and your state—will be
placed on the public record of this
proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, like anyone’s Social
Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which . . . is
privileged or confidential,’’ as discussed
in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
E:\FR\FM\02AUN1.SGM
02AUN1
Agencies
[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Notices]
[Pages 46950-46952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18611]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 122 3129]
Ecobaby Organics, Inc.; Analysis of Proposed Consent Order To Aid
Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
-----------------------------------------------------------------------
SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint and the terms of the consent order--embodied in the consent
agreement--that would settle these allegations.
DATES: Comments must be received on or before August 26, 2013.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/ecobabyorganicsconsent online or on
[[Page 46951]]
paper, by following the instructions in the Request for Comment part of
the SUPPLEMENTARY INFORMATION section below. Write ``Ecobaby Organics,
File No. 122 3129'' on your comment and file your comment online at
https://ftcpublic.commentworks.com/ftc/ecobabyorganicsconsent by
following the instructions on the web-based form. If you prefer to file
your comment on paper, mail or deliver your comment to the following
address: Federal Trade Commission, Office of the Secretary, Room H-113
(Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Robin Moore (202-326-2167), FTC,
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34,
notice is hereby given that the above-captioned consent agreement
containing a consent order to cease and desist, having been filed with
and accepted, subject to final approval, by the Commission, has been
placed on the public record for a period of thirty (30) days. The
following Analysis to Aid Public Comment describes the terms of the
consent agreement, and the allegations in the complaint. An electronic
copy of the full text of the consent agreement package can be obtained
from the FTC Home Page (for July 25, 2013), on the World Wide Web, at
https://www.ftc.gov/os/actions.shtm. A paper copy can be obtained from
the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue NW.,
Washington, DC 20580, either in person or by calling (202) 326-2222.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before August 26, 2013.
Write ``Ecobaby Organics, File No. 122 3129'' on your comment. Your
comment--including your name and your state--will be placed on the
public record of this proceeding, including, to the extent practicable,
on the public Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to
remove individuals' home contact information from comments before
placing them on the Commission Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, like anyone's Social Security number,
date of birth, driver's license number or other state identification
number or foreign country equivalent, passport number, financial
account number, or credit or debit card number. You are also solely
responsible for making sure that your comment does not include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, do not
include any ``[t]rade secret or any commercial or financial information
which . . . is privileged or confidential,'' as discussed in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
---------------------------------------------------------------------------
\1\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/ecobabyorganicsconsent by following the instructions on the web-
based form. If this Notice appears at https://www.regulations.gov/#!home. you also may file a comment through that Web site.
If you file your comment on paper, write ``Ecobaby Organics, File
No. 122 3129'' on your comment and on the envelope, and mail or deliver
it to the following address: Federal Trade Commission, Office of the
Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue NW.,
Washington, DC 20580. If possible, submit your paper comment to the
Commission by courier or overnight service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the collection of public
comments to consider and use in this proceeding as appropriate. The
Commission will consider all timely and responsive public comments that
it receives on or before August 26, 2013. You can find more
information, including routine uses permitted by the Privacy Act, in
the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
Analysis of Agreement Containing Consent Order To Aid Public Comment
The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, an agreement containing a consent
order from Ecobaby Organics, Inc., a corporation (``respondent'').
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
This matter involves respondent's marketing and sale of natural
latex mattresses. According to the FTC's complaint, respondent makes
three types of claims about these mattresses. First, respondent claims
that its mattresses are certified by the National Association of
Organic Mattress Industry (``NAOMI''), an independent third-party
certifier with appropriate expertise in evaluating whether respondent's
mattresses meet objective standards. However, the complaint alleges
that NAOMI is an alter ego of respondent and not an independent third-
party certifier and, indeed, awarded its seal to its own products
without applying objective standards. Accordingly, the complaint
alleges that such representations are deceptive practices in violation
of Section 5(a) of the FTC Act.
Second, respondent represents that its mattresses are chemical-
free; Formaldehyde-free; free of VOCs, such as Toluene and Benzene; and
without toxic substances. The complaint alleges that respondent did not
possess and rely upon a reasonable basis substantiating these
representations when it made them. Thus, the complaint alleges that
respondent engaged in deceptive practices in violation of Section 5(a)
of the FTC Act.
Third, respondent claims that tests show that its mattresses are
VOC-free, chemical-free, and Formaldehyde-free. The complaint alleges
that tests do not support these claims. Thus, the
[[Page 46952]]
complaint alleges that respondent engaged in deceptive acts or
practices in violation of Section 5(a) of the FTC Act.
The proposed consent order contains four provisions designed to
prevent respondent from engaging in similar acts and practices in the
future. Part I addresses the marketing of VOC-free and chemical free
mattresses. It prohibits respondent from making zero-VOC claims unless
the VOC emission level is zero micrograms per meter cubed or the
company possesses and relies upon competent and reliable scientific
evidence that their mattresses contain no more than a trace level of
VOCs based on the Green Guides' guidance on making free-of claims.\2\
It also prohibits respondent from making chemical-free claims.
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\2\ See Guides for the Use of Environmental Marketing Claims, 77
FR 62, 122, 62,123 (Oct. 11, 2012).
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Part II addresses VOC claims, non-toxic claims, environmental
benefit or attribute claims, and certain health claims made about
mattresses. It prohibits such representations unless the representation
is true, not misleading, and substantiated by competent and reliable
scientific evidence.
Part III addresses representations about third-party
certifications. It prohibits any misrepresentations about the degree to
which an independent third-party certifier has evaluated respondents
mattresses based on environmental or health attributes, or evaluated
those attributes based on the application of objective standards.
Part IV addresses claims that testing supports respondents'
advertising claims for its mattresses. It prohibits any
misrepresentations about the existence, contents, validity, results,
conclusion, or interpretations of any test, study, or research.
Parts V through VIII require Ecobaby to: keep copies of
advertisements and materials relied upon in disseminating any
representation covered by the order; provide copies of the order to
certain personnel, agents, and representatives having supervisory
responsibilities with respect to the subject matter of the order;
notify the Commission of changes in its structure that might affect
compliance obligations under the order; and file a compliance report
with the Commission and respond to other requests from FTC staff. Part
IX provides that the order will terminate after twenty (20) years, with
certain exceptions.
The purpose of this analysis is to facilitate public comment on the
proposed order. It is not intended to constitute an official
interpretation of the complaint or the proposed order, or to modify the
proposed order's terms in any way.
By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
[FR Doc. 2013-18611 Filed 8-1-13; 8:45 am]
BILLING CODE 6750-01-P