Antitrust Law Daily Wrap Up, ADVERTISING NEWS: FTC issues warning letters for potentially deceptive “oxodegradable” garbage bag claims , (Oct 21, 2014)

The FTC has sent warning letters to 15 marketers of oxodegradable plastic waste bags, informing the companies that their oxodegradable or biodegradable claims could be deceptive.

According to the Commission, “oxodegradable” plastic contains an additive that causes the bag to degrade when exposed to oxygen. However, most waste bags are placed in landfills where there are insufficient levels of oxygen for the bags to completely degrade. Consequently, the FTC suggests that, contrary to the companies’ advertising, the bags may not degrade any more than regular waste bags when used as intended.

The warning letters informed the marketing companies that consumers understand the terms “oxodegradable” and “oxo biodegradable” as “biodegradable.” The companies were therefore given until October 21, 2014 to respond to the letters. They will be required to inform the Commission of: (1) whether they will remove the oxodegradable claims from their marketing, or (2) whether they have competent and reliable scientific evidence demonstrating their products are biodegradable as advertised.

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

News: Advertising FederalTradeCommissionNews