FTC Grants ECM Application to Stay Final Order in Biodegradable Plastics Case

Dec 09, 2015, 14:15 ET from Emord & Associates, P.C.

WASHINGTON, Dec. 9, 2015 /PRNewswire/ -- On December 8, 2015, the Federal Trade Commission granted ECM BioFilms' request to stay the Commission's Final Order in the matter of ECM BioFilms, FTC Docket No. 9358.  The stay of its October 15, 2015 Order will remain in place until the United States Court of Appeals for the Sixth Circuit decides ECM's appeal from the FTC's Order.  On October 15, 2015, the Commission reversed its Administrative Law Judge's 300+ page initial decision holding that ECM BioFilms had proven with competent and reliable evidence that its product accelerated biodegradation of conventional plastics, thus corroborating its "biodegradable" claim for its product.  The Commission reversed the Initial Decision, concluding that the unqualified term "biodegradable" could only appear on plastics if they are proven to completely biodegrade into elements found in nature within five years after customary disposal, a requirement scientists have testified could never be satisfied for any product due to environmental variability. 

In its application for stay, ECM argued that the case was complex and that an alternative decision in favor of ECM was possible, such as that made by the ALJ and such as that supported by the dissent of FTC Commissioner Ohlhausen.  ECM also explained that the absence of a stay would cause it to suffer irreparable economic injury, jeopardizing its appeal.  The Commission granted ECM's request.  The Commission's stay order can be found at emord.com, along with copies of the Commission Decision and the ALJ Initial Decision.  ECM docketed its appeal with the U.S. Court of Appeals for the Sixth Circuit on December 4, 2015. 

For more information please visit www.emord.com.

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

SOURCE Emord & Associates, P.C.