United States. Four paint companies have agreed to settle Federal Trade Commission allegations that they deceptively promoted products as emission-free or containing zero volatile organic compounds (VOCs), even during and immediately after application.
Some promotions also made explicit safety statements regarding infants, children, pregnant women, and other sensitive populations. However, the FTC alleged that the companies had no evidence to support these claims.
The four companies (, Benjamin Moore & Co., Inc., ICP Construction Inc., YOLO Colorhouse, LLC, and Imperial Paints, LLC) have agreed to orders that would prevent them from making emission-free and VOC-free claims unless, at all times during application and afterward, both the content and emissions of their paints are actually zero or the emissions are at "trace levels," as defined in the orders.
The settlements also prohibit companies from making other unsubstantiated health and environmental claims and ensure that two of the companies disclose that the stamps featured on their promotional materials are their own designations.
In four separate complaints, the FTC required each company to submit unfounded allegations that its paints were emission-free and/or contained no VOCs, without any qualification (e.g., after X hours). The FTC also accused the companies of facilitating the deception of retailers who sold their paint. In addition, in its complaints against Benjamin Moore and ICP Construction, the FTC alleged that the companies marketed their paint using environmental seals without disclosing to consumers that they had awarded the seal to their own products.
Each of the proposed consent orders to settle the charges against Benjamin Moore & Co., Inc., Imperial Paints, LLC, YOLO Colorhouse, LLC, and ICP Construction Inc. contains four provisions designed to ensure that companies do not engage in similar conduct in the future:
First: They would prohibit companies from making emission-free and VOC-free declarations, unless both the content and emissions are actually zero, or emissions are at minimum levels, starting from implementation and subsequently
Second: They would prohibit companies from making claims about emissions, VOC levels, odor, and other environmental or health benefits, unless they are true and not misleading, and unless the companies have competent and reliable scientific evidence to back them up.
- Third: To correct existing unsubstantiated claims, orders would require companies to send letters to their distributors, instructing them to stop using existing marketing materials and providing stickers or banners to correct misleading claims that appear on product packaging or labeling.
- Fourth: The orders would prohibit companies from providing third parties with the means to make false, unsubstantiated or misleading statements about material facts related to the paintings described above.
The Commission's vote to accept the consent agreements was 2-0. The FTC will publish a description of the consent agreement packages in the Federal Register shortly. The agreements will be subject to public comment for 30 days, until August 10, 2017, after which the Commission will decide whether to make the proposed consent orders.
Source: www.ftc.gov
