UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSI 

In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International 

) 

) 

) 

) 

) 

) 

Docket No. 9358 

PUBLIC DOCUMENT 

JOINT MOTION FOR ENTRY OF PROPOSED ORDER 

569269 

BASED ON STIPULATIONS REGARDING CERTAIN EMAIL ATTACHMENTS 

Pursuant to Commission Rule of Practice 3.31 (f), Complaint Cmmsel and Respondent 

ECM Biofilms ("ECM") respectfully request that the Comt enter the attached proposed order 

based on the pmt ies' stipulations regarding ceitain email attachments. Specifically, both patties 

stipulate and agree to the following evidentiary presumptions; provided, however, that either 

pmty may attempt to rebut the presumption on a case-by-case basis. The patties stipulate and 

agree that the following presumptions shall apply to all attachments to emails sent after January 

1, 2008 by any person who was, at the time of sending the email in question, an ECM employee: 

1. Regarding any email sent before October 1, 2012, any email attachment that is titled 

in the Attachment line or described in the body of the email, at least in pmt, as a 

"cett ificate" or "cett" is presumed to be ECM's Cett ificate of Biodegradability, 

ECM-FTC-0000 15. 

2. Regarding any email sent on or after October 1, 2012, any email attachment that is 

titled in the Attachment line or described in the body of the email, at least in pait, as a 

"cett ificate" or "cett" is presumed to be ECM's Cett ificate of Biodegradability, 

ECM-FTC-000552. 

3. Regm·ding any email sent before October 1, 2012, any email attachment that is titled 

in the Attachment line or described in the body of the email, at least in pmt, as a 

"logo" is presumed to be ECM's logo, ECM-FTC-000066, which states: "ECM 

Biodegradable" . 

4. Regarding any email sent on or after October 1, 2012, any email attachment that is 

titled in the Attachment line or described in the body of the email, at least in pait, as a 

"logo" is presumed to be ECM's logo, ECM-FTC-000551, which states: "ECM 

Biodegradable Plastic Products produced with om additives will biodegrade in 
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biologically active environments (including most landfills) in some period greater 

than a year.”

As such, the parties jointly ask the Court to enter an order to this effect. 

Dated: April 1, 2014 Respectfully submitted,

__/s/ Elisa Jillson___________________

Katherine Johnson (kjohnson3@ftc.gov) 

Jonathan Cohen (jcohen2@ftc.gov)

Elisa Jillson (ejillson@ftc.gov)

Federal Trade Commission

600 Pennsylvania Ave., N.W. M-8102B

Washington, DC 20580

Phone: 202-326-2185; -2551; -3001

Fax: 202-326-2551

Dated: April 1, 2014

_Peter A. Arhangelsky______________1

Jonathan W. Emord (jemord@emord.com)

Peter A. Arhangelsky (parhangelsky@emord.com)

Lou F. Caputo (lcaputo@emord.com)

Emord & Associates, P.C.

11808 Wolf Run Lane

Clifton, VA 20124

Phone: (202) 388-8899

Fax: (202) 466-6938

1 Executed with Mr. Arhangelsky’s express authority. 
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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

)

In the Matter of )

)

ECM BioFilms, Inc., ) Docket No. 9358

a corporation, also d/b/a )

Enviroplastics International )

)

[PROPOSED] ORDER ENTERING 

THE PARTIES’ STIPULATIONS REGARDING CERTAIN EMAIL ATTACHMENTS

This matter having come before the Chief Administrative Law Judge on April 1, 2014,

upon a Joint Motion for Entry of Proposed Order Based on Stipulations Regarding Certain Email 

Attachments, it is hereby ORDERED that the Joint Motion Is GRANTED.

It is FURTHER ORDERED that the following evidentiary presumptions shall apply to 

the proceedings in this matter; provided, however, that either party may attempt to rebut any of 

the following evidentiary presumptions on a case-by-case basis. The following presumptions 

shall apply to all attachments to emails sent after January 1, 2008 by any person who was, at the 

time of sending the email in question, an ECM employee.

1. Regarding any email sent before October 1, 2012, any email attachment that is titled 

in the Attachment line or described in the body of the email, at least in part, as a 

“certificate” or “cert” is presumed to be ECM’s Certificate of Biodegradability, 

ECM-FTC-000015.

2. Regarding any email sent on or after October 1, 2012, any email attachment that is 

titled in the Attachment line or described in the body of the email, at least in part, as a 

“certificate” or “cert” is presumed to be ECM’s Certificate of Biodegradability, 

ECM-FTC-000552.

3. Regarding any email sent before October 1, 2012, any email attachment that is titled 

in the Attachment line or described in the body of the email, at least in part, as a 

“logo” is presumed to be ECM’s logo, ECM-FTC-000066, which states: “ECM 

Biodegradable”.

4. Regarding any email sent on or after October 1, 2012, any email attachment that is 

titled in the Attachment line or described in the body of the email, at least in part, as a 

“logo” is presumed to be ECM’s logo, ECM-FTC-000551, which states: “ECM 
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Biodegradable Plastic Products produced with our additives will biodegrade in 

biologically active environments (including most landfills) in some period greater 

than a year.”

SO ORDERED: ______________________

D. Michael Chappell

Chief Administrative Law Judge

Date:
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CERTIFICATE OF SERVICE

I hereby certify that on April 1, 2014, I caused a true and correct copy of the foregoing to 

be served as follows:

One electronic copy to the Office of the Secretary, and one copy through the FTC’s e-filing system:

Donald S. Clark, Secretary

Federal Trade Commission

600 Pennsylvania Ave., NW, Room H-159

Washington, DC 20580

Email: secretary@ftc.gov

One electronic copy and one hard copy to the Office of the Administrative Law Judge:

The Honorable D. Michael Chappell

Administrative Law Judge

600 Pennsylvania Ave., NW, Room H-110

Washington, DC 20580

One electronic copy to Counsel for the Respondent:

Jonathan W. Emord

Emord & Associates, P.C.

11808 Wolf Run Lane

Clifton, VA 20124

Email: jemord@emord.com

Peter Arhangelsky

Emord & Associates, P.C.

3210 S. Gilbert Road, Suite 4

Chandler, AZ 85286

Email: parhangelsky@emord.com

Lou Caputo

Emord & Associates, P.C.

3210 S. Gilbert Road, Suite 4

Chandler, AZ 85286

Email: lcaputo@emord.com

I further certify that I possess a paper copy of the signed original of the foregoing 

document that is available for review by the parties and the adjudicator.

Date: April 1, 2013 ___/s/ Elisa Jillson_________

Katherine Johnson (kjohnson3@ftc.gov) 

Jonathan Cohen (jcohen2@ftc.gov)

Elisa Jillson (ejillson@ftc.gov)

Federal Trade Commission

600 Pennsylvania Ave., N.W. M-8102B

Washington, DC 20580

Phone: 202-326-2185; -2551; -3001

Fax: 202-326-2551