1 

 122 3118 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Edith Ramirez, Chairwoman 

 Julie Brill 

 Maureen K. Ohlhausen 

 Joshua D. Wright 

____________________________________ 

 ) 

In the Matter of ) 

 ) 

ECM BioFilms, Inc., ) Docket No. 9358 

a corporation, also d/b/a ) 

Enviroplastics International ) 

 ) 

COMPLAINT

 The Federal Trade Commission, having reason to believe that ECM BioFilms, 

Inc., also d/b/a Enviroplastics International (“respondent”) has violated provisions of the 

Federal Trade Commission Act, and it appearing to the Commission that this proceeding 

is in the public interest, alleges: 

 

1. Respondent ECM BioFilms, Inc., is an Ohio corporation with its principal office 

or place of business at Victoria Place, Suite 225, 100 South Park Place, Painesville, OH 

44077. 

2. Respondent manufactures, advertises, offers for sale, sells, and distributes 

additives for plastics, including “MasterBatch Pellets” (hereinafter referred to collectively 

as “ECM Additives”). Respondent advertises ECM Additives through the Internet site 

www.ecmbiofilms.com. Respondent distributes ECM Additives to independent 

distributors and to plastic products manufacturers located throughout the United States 

who, in turn, treat plastics with respondent’s additives (hereinafter referred to as “ECM 

Plastics”) and sell ECM Plastics to customers and consumers in various plastic products 

advertised as biodegradable. 

3. The acts and practices of respondent alleged in this complaint have been in or 

affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade 

Commission Act. 

4. To induce sales of its ECM Additives, respondent has disseminated, or has caused 

the dissemination of, advertising and promotional materials, including printed 

advertisements, website advertisements, certifications, and other promotional materials to 

distributors, customers, and end-use consumers. See, e.g., Exhibits 1-4. Respondent’s 
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distributors and customers have disseminated, or have caused the dissemination of, the 

advertising claims in these promotional materials to end-use consumers. 

5. In its advertising and promotional materials, including, but not limited to, those 

shown in Exhibits 1-4, respondent has made the following statements and depictions: 

A. Respondent’s Website (Exhibit 1A, disseminated until approximately 

October 2012): 

i. Website Banner Tagline: 

(Ex. 1A at 1-12). 

ii. Home Page: 

“Transform any Plastic into Biodegradable Plastic! . . . The 

revolutionary additive technology, when combined as a onepercent load to the most widely-used plastic resins, renders the 

finished plastic products biodegradable while maintaining their 

other desired characteristics. The potential uses of this 

technology are limited only by the imagination.” (Id. at 1). 

iii. Product Overview Page: 

“MasterBatch PelletsTM is a revolutionary additive, which when 

combined as a one-percent load to the most widely used plastic 

resins, renders the finished plastic products biodegradable while 

maintaining their other desired characteristics. . . .” (Id. at 5). 

“Plastic products made with ECM additives: 

 · Fully biodegrade in 9 months to 5 years 

 · Fully biodegrade when disposed of in a biodegrading 

environment, either anaerobically or aerobically: 

 · in landfills” (Id.). 
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iv. Comparison to Alternative Products Page: 

(Ex. 1A at 8). 

v. Technology Page: 

“The plastic products made with our additives will break down in 

approximately 9 months to 5 years in nearly all landfills or 

wherever else they may end up.” (Id. at 10). 

“Material treated with ECM has been tested and proved as 

biodegradable and safe for the environment by using the 

following: . . . ASTM 5511 [sic] ‘Standard Test Method for 

Determining Anaerobic Biodegradation of Plastic Materials 

Under High-Solids Anaerobic Digestion Conditions’.” (Id.). 

B. Respondent’s Website (Exhibit 1B, disseminated on or around October 

2012 to present): 

i. Website Banner Tagline: 

(E.g., Ex. 1B at 1, 3, 5). 
4 

(E.g., Id. at 2, 4, 9). 

ii. Home Page: 

“Cutting-edge additives for manufacturing biodegradable* 

plastics . . . Unlike other degradable plastic technologies which 

require very specific conditions, plastic products manufactured 

with ECM MasterBatch Pellets will biodegrade in any 

biologically-active environment (including most landfills) in some 

period greater than a year. This revolutionary additive technology, 

when combined as a 1% load to the most widely-used plastic 

resins, renders the resulting plastic products biodegradable* while 

maintaining their other desired characteristics. The potential uses 

of this technology are limited only by the imagination.” (Id. at 1). 

“BIODEGRADABLE* PLASTICS QUALIFIER 

* Plastic products manufactured with ECM BioFilms’ additives 

will biodegrade in any biologically-active environment (including 

most landfills) in some period greater than a year.” (Id.). 

iii. MasterBatch Pellets, Additives for Manufacturing 

Biodegradable* Plastics Page: 

“ECM MasterBatch PelletsTM are a revolutionary additive 

technology for manufacturing biodegradable* plastics . . . 

When combined as a 1% load with the most widely-used plastic 

resins, they render the resulting plastic products biodegradable*.” 

(Id. at 10). 

“Plastic products made with ECM BioFilms’ additives: . . . 

 Biodegrade* in any biologically-active environment in some 

period greater than a year 

 Biodegrade* when disposed of in a biodegrading 

environment, either anaerobically or aerobically: 

 in landfills 

 in compost (backyard compost or commercial 

facilities) 

 if buried or littered in the ground 
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 in agricultural and erosion-control settings” (Id. at 10-

11). 

“BIODEGRADABLE* PLASTICS QUALIFIER 

* Plastic products manufactured with ECM BioFilms’ 

additives will biodegrade in any biologically-active 

environment (including most landfills) in some period greater 

than a year.” (Id. at 11). 

iv. Comparison to Alternative Products Page: 

(Id. at 12). 

v. MasterBatch Pellets, ECM Technology Page: 

“The plastic products made with our additives will break down in 

more than one year but less than a hundred plus years in nearly all 

landfills or wherever else they may end up . . . .” (Id. at 14). 

“Material treated with ECM has been tested and proved as 

biodegradable* and safe for the environment by using the 

following: . . . ASTM 5511 [sic] ‘Standard Test Method for 

Determining Anaerobic Biodegradation of Plastic Materials 

Under High-Solids Anaerobic Digestion Conditions’.” (Id.). 

vi. MasterBatch Pellets, Mechanism Page:

“We have determined, through years of testing both internally and 

through independent laboratories, that plastic products that are 

manufactured with at least a one percent (1%) load, by weight, of 

our ECM MasterBatch Pellets will biodegrade once they are 

placed in conditions wherein they are in constant contact with 

other biodegrading materials.” (Id. at 16). 
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vii. MasterBatch Pellets, Life Expectancy Page 

“Concerning the life expectancy of the plastic products 

manufactured with our additives once they are placed in constant 

contact with other biodegrading materials, we certify the full 

biodegradation of most all plastic products manufactured with at 

least a one percent load of our additives. We can certify this 

situation due to the internal and external studies that have cost us 

hundreds of thousands of dollars.” (Id. at 19). 

“Plastics manufactured with our additives will fully biodegrade in 

home compost heaps, commercial composting operations (both 

high heat and low heat, or even in vermiculture, processes), 

buried in the ground, buried in landfills, tilled into the soil, having 

been littered, etc. Most importantly, our process is by far the least 

expensive, most widely applicable, proven technology for the 

biodegradation of plastics in the world.” (Id.). 

“Again, we certify the biodegradation* of polyolefins (any of the 

polyethylenes and polypropylenes), EVAs, PVCs, PETs, PSs, PUs 

and any combination of these resins, manufactured with at least a 

1% load of our additives. We base this certification on more than 

ten years of testing worldwide by us, by universities, by 

customers, by prospects and by competitors.” (Id.). 

“BIODEGRADABLE* PLASTICS QUALIFIER 

* Plastic products manufactured with ECM BioFilms’ additives 

will biodegrade in any biologically-active environment (including 

most landfills) in some period greater than a year.” (Id.). 

C. Respondent’s Print Materials: 

i. Flyer (Exhibit 2): 

“Manufacturers of Additives That Make Standard Plastic Resins 

Biodegradable.” (Ex. 2 at 1). 

“ECM BioFilms, Inc., sells additives to plastic product 

manufacturers which allow them to offer their customers 

biodegradable plastic products that can be priced competitively 

with, and have the same mechanical characteristics as, their 

traditional, non-degradable products.” (Id.).

“Plastic products made with ECM additives 

 Fully biodegrade in 9 months to 5 years. 
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 Fully biodegrade where they are disposed of where 

other things are biodegrading (anaerobically and 

aerobically): 

o In Landfills . . . 

This process continues until the plastic products become part of 

the organic components of the soil just like biodegraded sticks or 

other pieces of wood become part of the soil.” (Id.). 

ii. Brochure (Exhibit 3): 

“What doesn’t get recycled can take over 100 years to biodegrade. 

Each day the United States throws away enough trash to fill 

63,000 garbage trucks. ECM BioFilms, Inc. is dedicated to 

developing and revolutionizing the plastics market by offering an 

additive to standard plastic resins making them biodegradable.” 

(Ex. 3 at 4-5). 

“Plastic products made with ECM additives fully biodegrade in 9 

months to 5 years.” (Id. at 6). 

“In the U.S., 4.39 pounds of trash per day and up to 56 tons of 

trash per year are created by the average person. Plastic products 

made with ECM additives fully biodegrade when disposed of in a 

biodegrading environment, either anaerobically or aerobically: in 

landfills, in compost (backyard compost or commercial facilities), 

if buried or littered in the ground, in agricultural and erosion 

control settings.” (Id. at 7). 

iii. Certificate of Biodegradability of Plastic Products (Exhibit 4): 

“This is to certify that numerous plastic samples, submitted by 

ECM BioFilms, Inc., have been tested by independent 

laboratories in accordance with standard test methods . . . . The 

results of these tests and the related biodegradation and 

ecological impact experiments are contained in the Ecological 

Assessment of ECM Plastic report dated February 16, 1999, 

which certifies that plastic products manufactured with ECM 

additives can be marketed as biodegradable . . . . This Certificate 

and the Ecological Assessment of ECM Plastic report, along with 

Scanning Electron Microscope and other studies that have been 

conducted since the publication of the Ecological Assessment . . . 

may be used by [the certificate holder] to validate[i] ts claims to 

the biodegradability and environmental safety of plastic products 

that it manufactures . . . .” (Ex. 4 at 1). 
8 

6. Approximately 92 percent of total municipal solid waste in the United States is 

disposed of either in landfills, incinerators, or recycling facilities. These disposal 

methods do not present conditions that would allow ECM Plastics to completely break 

down and decompose into elements found in nature within a reasonably short period of 

time. 

7. Consumers likely interpret unqualified degradable claims to mean that the entire 

product or package will completely decompose into elements found in nature within a 

reasonably short period of time after customary disposal.

8. The Ecological Assessment of ECM Plastic, American Society for Testing and 

Materials (“ASTM”) International D5511, Standard Test Method for Determining 

Anaerobic Biodegradation of Plastic Materials under High Solids Anaerobic Digestion 

Conditions (“ASTM D5511”), and other scientific tests relied on by respondent do not 

assure complete decomposition of ECM Plastics in a reasonably short period of time or in 

respondent’s stated timeframes, e.g., nine months to five years, and do not replicate, i.e., 

simulate, the physical conditions of either landfills, where most trash is disposed, or other 

disposal facilities stated in the representations. 

VIOLATIONS OF SECTION 5 OF THE FTC ACT

FALSE OR MISLEADING REPRESENTATIONS 

9. Through the means described in Paragraphs 2, 4, and 5, respondent has 

represented, expressly or by implication, that: 

A. ECM Plastics are biodegradable, i.e., will completely break down and 

decompose into elements found in nature within a reasonably short period of 

time after customary disposal; 

B. ECM Plastics are biodegradable in a landfill; 

C. ECM Plastics are biodegradable in a stated qualified timeframe; and 

D. ECM Plastics have been shown to be biodegradable, biodegradable in a 

landfill, or biodegradable in a stated qualified timeframe under various 

scientific tests including, but not limited to, ASTM D5511. 

10. In truth and in fact: 

A. ECM Plastics will not completely break down and decompose into elements 

found in nature within a reasonably short period of time after customary 

disposal; 

B. ECM Plastics will not completely break down and decompose into elements 

found in nature within a reasonably short period of time after disposal in a 
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landfill; 

C. ECM Plastics will not completely break down and decompose into elements 

found in nature within respondent’s stated qualified timeframes after 

customary disposal; and 

D. ECM Plastics have not been shown to completely break down and decompose 

into elements found in nature within a reasonably short period of time after 

customary disposal, after disposal in a landfill, or within respondent’s stated 

qualified timeframe, under various scientific tests, including, but not limited 

to, ASTM D5511. 

11. Therefore, the representations set forth in Paragraph 9 were, and are, false or 

misleading. 

UNSUBSTANTIATED REPRESENTATIONS 

12. Through the means described in Paragraphs 2, 4, and 5, in numerous instances 

respondent has represented, expressly or by implication, that it possessed and relied upon 

a reasonable basis that substantiated the representations set forth in Paragraph 9, at the 

time the representations were made. 

13. In truth and in fact, at the time respondent made the representations referred to in 

Paragraph 9, respondent did not possess and rely upon a reasonable basis that 

substantiated such representations. Therefore, the representation set forth in Paragraph 

12 is false or misleading. 

MEANS AND INSTRUMENTALITIES 

14. Respondent has distributed the promotional materials described in Paragraphs 4 

and 5 to its customers and independent distributors. In so doing, respondent has provided 

them with the means and instrumentalities for the commission of deceptive acts or 

practices. 

15. Respondent’s practices, as alleged in this complaint, therefore constitute 

deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the 

Federal Trade Commission Act. 

NOTICE 

 Notice is hereby given to the respondent that the eighteenth day of June, 2014, 

at 10:00 a.m., is hereby fixed as the time, and the Federal Trade Commission offices at 

600 Pennsylvania Avenue, N.W., Room 532-H, Washington, D.C. 20580, as the place 

when and where a hearing will be had before an Administrative Law Judge of the Federal 

Trade Commission, on the charges set forth in this complaint, at which time and place 

you will have the right under the Federal Trade Commission Act to appear and show 
10 

cause why an order should not be entered requiring you to cease and desist from the 

violations of law charged in this complaint. 

 You are notified that the opportunity is afforded you to file with the Federal Trade 

Commission an answer to this complaint on or before the fourteenth (14th) day after 

service of it upon you. An answer in which the allegations of the complaint are contested 

shall contain a concise statement of the facts constituting each ground of defense; and 

specific admission, denial, or explanation of each fact alleged in the complaint or, if you 

are without knowledge thereof, a statement to that effect. Allegations of the complaint 

not thus answered shall be deemed to have been admitted. 

 If you elect not to contest the allegations of fact set forth in the complaint, the 

answer shall consist of a statement that you admit all of the material facts to be true. 

Such an answer shall constitute a waiver of hearings as to the facts alleged in the 

complaint and, together with the complaint, will provide a record basis on which the 

Commission shall issue a final decision containing appropriate findings and conclusions, 

and a final order disposing of the proceeding. In such answer, you may, however, reserve 

the right to submit proposed findings of fact and conclusions of law under Rule 3.46 of 

the Commission’s Rules of Practice for Adjudicative Proceedings. 

 Failure to answer within the time above provided shall be deemed to constitute a 

waiver of your right to appear and to contest the allegations of the complaint, and shall 

authorize the Commission, without further notice to you, to find the facts to be as alleged 

in the complaint and to enter a final decision containing appropriate findings and 

conclusions and a final order disposing of the proceeding. 

 The Administrative Law Judge shall hold a prehearing scheduling conference not 

later than ten (10) days after the answer is filed by the respondent. Unless otherwise 

directed by the Administrative Law Judge, the scheduling conference and further 

proceedings will take place at the Federal Trade Commission, 600 Pennsylvania Avenue, 

N.W., Room 532-H, Washington, D.C. 20580. Rule 3.21(a) requires a meeting of the 

parties’ counsel as early as practicable before the prehearing scheduling conference, but 

in any event no later than five (5) days after the answer is filed by the respondent. Rule 

3.31(b) obligates counsel for each party, within five (5) days of receiving respondent’s 

answer, to make certain disclosures without awaiting a formal discovery request. 

The following is the form of order which the Commission has reason to believe 

should issue if the facts are found to be as alleged in the complaint. If, however, the 

Commission should conclude from record facts developed in any adjudicative 

proceedings in this matter that the proposed order provisions as to ECM BioFilms, Inc., 

also d/b/a Enviroplastics International might be inadequate to fully protect the consuming 

public, the Commission may order such other relief as it finds necessary or appropriate, 

including corrective advertising or other affirmative disclosure. 

Moreover, the Commission has reason to believe that, if the facts are found as 

alleged in the complaint, it may be necessary and appropriate for the Commission to seek 
11 

relief to redress injury to consumers, or other persons, partnerships or corporations, in the 

form of restitution and refunds for past, present, and future consumers and such other 

types of relief as are set forth in Section 19(b) of the Federal Trade Commission Act. 

The Commission will determine whether to apply to a court for such relief on the basis of 

the adjudicative proceedings in this matter and such other factors as are relevant to 

consider the necessity and appropriateness of such action.

ORDER

DEFINITIONS

 For purposes of this order, the following definitions shall apply: 

1. “Clearly and Prominently” shall mean as follows: 

A. In print communications, the disclosure shall be presented in a manner that 

stands out from the accompanying text, so that it is sufficiently prominent, 

because of its type size, contrast, location, or other characteristics, for an 

ordinary consumer to notice, read and comprehend it; 

B. In communications made through an electronic medium (such as 

television, video, radio, and interactive media such as the Internet, online 

services, and software), the disclosure shall be presented simultaneously in 

both the audio and visual portions of the communication. In any 

communication presented solely through visual or audio means, the 

disclosure shall be made through the same means through which the 

communication is presented. In any communication disseminated by 

means of an interactive electronic medium such as software, the Internet, 

or online services, the disclosure must be unavoidable. Any audio 

disclosure shall be delivered in a volume and cadence sufficient for an 

ordinary consumer to hear and comprehend it. Any visual disclosure shall 

be presented in a manner that stands out in the context in which it is 

presented, so that it is sufficiently prominent, due to its size and shade, 

contrast to the background against which it appears, the length of time it 

appears on the screen, and its location, for an ordinary consumer to notice, 

read and comprehend it; and 

C. Regardless of the medium used to disseminate it, the disclosure shall be in 

understandable language and syntax. Nothing contrary to, inconsistent 

with, or in mitigation of the disclosure shall be used in any 

communication. 

2. “Close proximity” means on the same print page, web page, online service page, 

or other electronic page, and proximate to the triggering representation, and not accessed 

or displayed through hyperlinks, pop-ups, interstitials, or other means. 
12 

3. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission 

Act, 15 U.S.C. § 44. 

4. “Competent and reliable scientific evidence” shall mean tests, analyses, research, 

or studies that have been conducted and evaluated in an objective manner by qualified 

persons, that are generally accepted in the profession to yield accurate and reliable 

results, and that are sufficient in quality and quantity based on standards generally 

accepted in the relevant scientific fields, when considered in light of the entire body of 

relevant and reliable scientific evidence, to substantiate that a representation is true. 

Specifically: 

A. For unqualified biodegradability claims, any scientific technical protocol 

(or combination of protocols) substantiating such claims must assure 

complete decomposition within one year and replicate, i.e., simulate, the 

physical conditions found in landfills, where most trash is disposed. 

B. For qualified biodegradability claims, any scientific technical protocol (or 

combination of protocols) substantiating such claims must both: 

i. assure the entire product will (1) completely decompose into 

elements found in nature in the stated timeframe or, if not qualified 

by time, within one year; or (2) decompose into elements found in 

nature at the rate and to the extent stated in the representation; and 

ii. replicate, i.e., simulate, the physical conditions found in the type of 

disposal facility or method stated in the representation or, if not 

qualified by disposal facility or method, the conditions found in 

landfills, where most trash is disposed.

For example, results from ASTM (American Society for Testing and Materials) 

International D5511-12, Standard Test Method for Determining Anaerobic 

Biodegradation of Plastic Materials under High Solids Anaerobic Digestion Conditions, 

or any prior version thereof, are not competent and reliable scientific evidence supporting 

unqualified claims, or claims of outcomes beyond the parameters and results of the actual 

test performed. 

5. “Customary disposal” means any disposal method whereby respondent’s products 

ultimately will be disposed of in a landfill, in an incinerator, or in a recycling facility. 

6. “Degradable” includes biodegradable, oxo-biodegradable, oxo-degradable, or 

photodegradable, or any variation thereof. 

7. “Landfill” means a municipal solid waste landfill that receives household waste. 

“Landfill” does not include landfills that are operated as bioreactors or those that are 

actively managed to enhance decomposition. 
13 

8. “Means and instrumentalities” shall mean any information, including, but not 

necessarily limited to, any advertising, labeling, or promotional, sales training, or 

purported substantiation materials, for use by trade customers in their marketing of any 

product, package, or service, in or affecting commerce. 

9. Unless otherwise specified, “respondent” shall mean ECM BioFilms, Inc., a 

corporation, and its successors and assigns. 

I. 

IT IS ORDERED that respondent, and its officers, agents, representatives, and 

employees, directly or through any corporation, partnership, subsidiary, division, or other 

device, in connection with the manufacturing, labeling, advertising, promotion, offering 

for sale, sale, or distribution of any product, package, or service, in or affecting 

commerce, shall not represent, in any manner, directly or indirectly, expressly or by 

implication: 

A. That any product or package is degradable, or that any product, package, 

or service affects a product or package’s degradability, unless 

i. the entire item will completely decompose into elements found in 

nature within one year after customary disposal; or 

ii. the representation is clearly and prominently and in close 

proximity qualified by: 

a. Either (1) the time to complete decomposition into elements 

found in nature; or (2) the rate and extent of decomposition 

into elements found in nature, provided that such qualification 

must disclose that the stated rate and extent of decomposition 

does not mean that the product or package will continue to 

decompose; and 

b. If the product will not decompose in a customary disposal 

facility or by a customary method of disposal, both (1) the type 

of non-customary disposal facility or method and (2) the 

availability of such disposal facility or method to consumers 

where the product or package is marketed or sold 

and 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. 

B. That any such product, package, or service offers any environmental 

benefit, unless the representation is true, not misleading, and, at the time it 
14 

is made, respondent possesses and relies upon competent and reliable 

evidence, which when appropriate must be competent and reliable 

scientific evidence, that substantiates the representation. 

II. 

IT IS FURTHER ORDERED that respondent, and its officers, agents, 

representatives, and employees, directly or through any corporation, partnership, 

subsidiary, division, or other device, in connection with the manufacturing, labeling, 

advertising, promotion, offering for sale, sale, or distribution of any product, package, or 

service in or affecting commerce, shall not provide to others the means and 

instrumentalities with which to make, directly or indirectly, expressly or by implication, 

including through the use of endorsements or trade names, any false, unsubstantiated, or 

otherwise misleading representation of material fact regarding any environmental benefit. 

III. 

IT IS FURTHER ORDERED that respondent shall, for five (5) years after the 

last date of dissemination of any representation covered by this order, maintain and upon 

request make available to the Commission for inspection and copying: 

A. All advertisements, labeling, packaging and promotional materials 

containing the representations specified in Parts I and II; 

B. All materials that were relied upon in disseminating the representations 

specified in Parts I and II; 

C. All tests, reports, studies, surveys, demonstrations, or other evidence in its 

possession or control that contradict, qualify, or call into question the 

representation, or the basis relied upon for the representation, including 

complaints and other communications with consumers or with 

governmental or consumer protection organizations; and 

D. All acknowledgments of receipt of this order obtained pursuant to Part IV. 

IV. 

 IT IS FURTHER ORDERED that respondent shall deliver a copy of this order 

to all current and future subsidiaries, current and future principals, officers, directors, and 

managers, and to all current and future employees, agents, and representatives having 

responsibilities relating to the subject matter of this order. Respondent shall secure from 

each such person a signed and dated statement acknowledging receipt of the order, with 

any electronic signatures complying with the requirements of the E-Sign Act, 15 U.S.C. § 

7001 et seq. Respondent shall deliver this order to current personnel within thirty (30) 

days after the date of service of this order, and to future personnel within thirty (30) days 

after the person assumes such position or responsibilities. 
15 

V. 

IT IS FURTHER ORDERED that respondent shall notify the Commission at 

least thirty (30) days prior to any change in the corporation that may affect compliance 

obligations arising under this order, including, but not limited to, a dissolution, 

assignment, sale, merger, or other action that would result in the emergence of a 

successor entity; the creation or dissolution of a subsidiary, parent, or affiliate that 

engages in any acts or practices subject to this order; the proposed filing of a bankruptcy 

petition; or a change in the business or corporate name or address. Provided, however, 

that, with respect to any proposed change in the corporation about which respondent 

learns less than thirty (30) days prior to the date such action is to take place, respondent 

shall notify the Commission as soon as is practicable after obtaining such knowledge. 

Unless otherwise directed by a representative of the Commission in writing, all 

notices required by this Part shall be emailed to Debrief@ftc.gov or sent by overnight 

courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of 

Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Mail 

Stop M-8102B, Washington, DC 20580. The subject line must begin: “ECM BioFilms, 

Inc., Docket No. 9358, File No. 122 3118.” 

VI. 

IT IS FURTHER ORDERED that respondent shall, within sixty (60) days after 

the date of service of this order file with the Commission a true and accurate report, in 

writing, setting forth in detail the manner and form in which respondent has complied 

with this order. Within ten (10) days of receipt of written notice from a representative of 

the Commission, respondent shall submit additional true and accurate written reports. 

Unless otherwise directed by a representative of the Commission in writing, all notices 

required by this Part shall be emailed to Debrief@ftc.gov or sent by overnight courier 

(not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of 

Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Mail 

Stop 8102-B, Washington, DC 20580. The subject line must begin: “ECM BioFilms, 

Inc., Docket No. 9358, File No. 122 3118.” 

 
16 

 

VII. 

 This order will terminate twenty (20) years from the date of its issuance, or 

twenty (20) years from the most recent date that the United States or the Commission 

files a complaint (with or without an accompanying consent decree) in federal court 

alleging any violation of the order, whichever comes later; provided, however, that the 

filing of such a complaint will not affect the duration of: 

A. Any Part in this order that terminates in less than twenty (20) years; 

B. This order’s application to any respondent that is not named as a defendant 

in such complaint; and 

C. This order if such complaint is filed after the order has terminated 

pursuant to this Part. 

Provided, further, that if such complaint is dismissed or a federal court rules that the 

respondent did not violate any provision of the order, and the dismissal or ruling is either 

not appealed or upheld on appeal, then the order will terminate according to this Part as 

though the complaint had never been filed, except that the order will not terminate 

between the date such complaint is filed and the later of the deadline for appealing such 

dismissal or ruling and the date such dismissal or ruling is upheld on appeal. 

 IN WITNESS WHEREOF, the Federal Trade Commission has issued 

this complaint against respondent and has caused it to be signed by its Secretary and 

its official seal to be hereto affixed, at Washington, D.C. this eighteenth day of 

October, 2013. 

 By the Commission. 

 

 Donald S. Clark 

 Secretary 

SEAL