FTC SAYS CLAIMS ABOUT "OXODEGRADABLE" PLASTIC MAY BE DECEPTIVE

FROM:  U.S. FEDERAL TRADE COMMISSION 

FTC Staff Warns Plastic Waste Bag Marketers That Their “Oxodegradable” Claims May Be Deceptive

Staff of the Federal Trade Commission has sent letters warning 15 marketers of “oxodegradable” plastic waste bags that their oxodegradable, oxo biodegradable, or biodegradable claims may be deceptive.

Oxodegradable plastic is made with an additive intended to cause it to degrade in the presence of oxygen. Most waste bags are intended to be deposited in landfills, however, where not enough oxygen likely exists for oxodegradable bags to completely degrade in the time consumers expect. Contrary to the marketing, therefore, these bags may be no more biodegradable than ordinary plastic waste bags when used as intended.

“If marketers don’t have reliable scientific evidence for their claims, they shouldn’t make them,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Claims that products are environmentally friendly influence buyers, so it’s important they be accurate.”

The staff notified 15 marketers that they may be deceiving consumers based on the agency's 2012 revisions to its Guides For the Use of Environmental Marketing Claims (the Green Guides). Based on studies about how consumers understand biodegradable claims, the Green Guides advise that unqualified “degradable” or “biodegradable” claims for items that are customarily disposed in landfills, incinerators, and recycling facilities are deceptive because these locations do not present conditions in which complete decomposition will occur within one year.

The FTC advised marketers that consumers understand the terms “oxodegradable” or “oxo biodegradable” claims to mean the same thing as “biodegradable.” Staff identified the 15 marketers as part of its ongoing review of green claims in the marketplace. It has given them until October 21, 2014, to respond to the warning letters and tell the staff if they will remove their oxodegradable claims from their marketing or if they have competent and reliable scientific evidence proving that their bags will biodegrade as advertised.

The staff notes that marketers who did not receive a letter should not assume that their claims are fine. Staff is not disclosing the recipients of the letters at this time.

FINAL ORDER APPROVED BY FTC OVER DIETARY SUPPLEMENT'S MEMORY IMPROVEMENT CLAIMS

FROM:  U.S. FEDERAL TRADE COMMISSION 

FTC Approves Final Order Settling Charges that “BrainStrong Adult” Supplement Marketers Made Deceptive Memory Improvement Claims

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that supplement marketers i-Health, Inc. and Martek Biosciences made deceptive claims while advertising their BrainStrong Adult dietary supplement.

The FTC’s complaint against i-Health and Martek, announced in June 2014, charges that the two companies, which sold the supplement at major retail stores, including CVS Pharmacy, Walmart, Walgreens, and Rite Aid, as well as online through drugstore.com and Amazon.com falsely claimed that they had clinical proof that BrainStrong Adult improves adult memory.

The final order bars the companies from claiming that any dietary supplement, food, drug, or product promoted to prevent cognitive decline or improve memory or containing DHA can prevent cognitive decline or improve memory in adults, unless the claim is truthful and supported by clinical testing. It also bars the companies from making claims about the health benefits, performance, safety, or effectiveness of such products, unless the claims are supported by competent and reliable scientific evidence.  Finally, the companies cannot claim they have clinical proof when they do not.

The Commission vote approving the administrative final order and responses to members of the public who submitted comments was 3-1-1, with Commissioner Maureen K. Ohlhausen voting no, and Commissioner Terrell McSweeny not participating. (FTC File No. 132-3067).