FTC Cracks Down on False ‘Biodegradable’ Product Claims

On October 19, 2015, the Federal Trade Commission sent a message to companies that promote their plastic products as biodegradable – ruling in a case against Ohio-based ECM Biofilms that a claim of biodegradability of a plastic product requires scientific evidence showing that the product will completely decompose within five years.  Attorneys with advertising practices stressed that this decision underscores the importance of advising clients that want to show off their green sensibilities that they, should carefully qualify their promotional claims by adding a timeframe or rate of decomposition.  Loeb & Loeb partner David Mallen is quoted on the commission’s ruling, stating, “I advise my clients not to make unqualified claims that something is biodegradable because I think it is difficult, if not impossible, to prove that with competent and reliable scientific evidence.”