ECM BioFilms, Inc. v. Federal Trade Commission, No. 15-4339 (6th Cir. 2017)Annotate this Case
ECM BioFilms manufactures an additive that it claims accelerates the rate at which plastic biodegrades. In 2013, the Federal Trade Commission filed an administrative complaint, claiming that several of ECM’s biodegradability claims were deceptive. The full Commission ultimately found that three of ECM’s claims were false and misleading under 15 U.S.C. 45. The Commission’s order prohibits ECM from representing that ECM plastic is biodegradable “unless such representation is true, not misleading, and, at the time it is made, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation,” The Sixth Circuit denied a petition for review, rejecting claims that part of the Commission’s decision was unsupported by substantial evidence and that the Commission violated ECM’s rights under the First Amendment, the Administrative Procedures Act, and the Due Process Clause. ECM had adequate notice and the order is not a prohibition on claims of biodegradability.