Emord & Associates, P.C.: Stay Sought on FTC "Biodegradable" Ban, Pending Circuit Court Review

WASHINGTON, Nov. 11, 2015 /PRNewswire/ -- On November 9, 2015, ECM BioFilms, Inc. filed an Application for a Stay Pending Judicial Review in the Matter of ECM BioFilms, Inc., FTC Docket No. 9358.¹  On October 19, the Commission overturned the ALJ's Initial Decision and held ECM liable for violations of the FTC Act.  Contrary to the scientific evidence which identifies through gas evolution testing whether a product is intrinsically biodegradable, the Commission found that the word "biodegradable" may only be used on a product that can be proven to completely decompose within 5 years after disposal.  According to the scientific testimony, no product can meet that standard due to environmental variability (not even a piece of paper, wood, a banana, or an apple core).  In its application for a stay, ECM requests that the Federal Trade Commission stay its Order pending review in the U.S. Court of Appeals.  Given that the Order is unprecedented in several constitutional and procedural aspects, ECM urges FTC to table its Order until a federal court passes on its legality.

ECM explains that the Commission was wrong in overturning the Administrative Law Judge's finding that the ECM Additive renders plastic products "biodegradable," as proven through expert testimony, peer-reviewed literature, and product testing.  The Commission's Order misinterpreted critical and uncontroverted testimony by leading authorities in landfill biodegradation and brings about a complete ban on use of the term "biodegradable" in consumer packaging and advertising.  The FTC Order imposes unscientific environmental policies on a national scale.  The Commission's decision also circumvents the protections of the First Amendment by censoring truthful scientific speech.  ECM asks the FTC to stay its order to preserve the status quo ante pending review by the federal courts. 

ECM BioFilms is represented by the constitutional and administrative law firm Emord & Associates, P.C. 

Contact:  Jonathan W. Emord or Peter A. Arhangelsky (202-466-6937)

¹ Copies of the application and relevant orders and opinions are available online at www.emord.com.

SOURCE Emord & Associates, P.C.

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