Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Mattress companies barred from advertising claims not backed by scientific evidence, (Jul 25, 2013)

By Jody Coultas, J.D.

The Federal Trade Commission and mattress manufacturers Relief-Mart, Inc., Essentia Natural Memory Foam Company, Inc., and EcoBaby Organics, Inc. have settled claims concerning unsupported advertising that all their mattresses were free from volatile organic compounds (VOCs).

VOCs are carbon-containing compounds that easily evaporate at room temperature that can be harmful to human health and the environment. Last year, the FTC brought similar cases against paint companies that advertised their products as VOC-free.

In addition to the VOC claims, the FTC alleged that the companies made unsupported claims that their mattresses were chemical-free and lacked odor, made from 100 percent natural materials, and that the mattresses were certified by an organic mattress organization.

Relief-Mart, Essentia, and EcoBaby did not have a reasonable basis to claim that their mattresses did not contain VOCs, had no VOC off-gassing, and lacked the odors commonly associated with memory foam mattresses. The companies also made unsubstantiated claims that tests show that the mattresses were free of VOCs and formaldehyde. The tests, however, did not support those claims.

The proposed orders barred the companies from making VOC-free claims unless the VOC level was zero micrograms per cubic meter or where the claims were based on competent and reliable scientific evidence based on the guidance in the FTC’s Green Guides. The orders also barred environmental benefit or attribute claims, and certain health claims, unless they were true, not misleading, and supported by scientific evidence.

News: Advertising FederalTradeCommissionNews