1

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF OHIO 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

 v. 

CHEMENCE, INC., an Ohio corporation, 

 Defendant. 

Case No. 1:16-cv-228 

COMPLAINT FOR PERMANENT 

INJUNCTION AND OTHER 

EQUITABLE RELIEF

Plaintiff, the Federal Trade Commission (“FTC”), for its Complaint alleges: 

1. The FTC brings this action under Section 13(b) of the Federal Trade Commission

Act (“FTC Act”), 15 U.S.C. § 53(b), to obtain temporary, preliminary, and permanent injunctive 

relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement 

of ill-gotten monies, and other equitable relief for Defendant’s acts or practices in violation of 

Section 5(a) of the FTC Act, 15 U.S.C. § 45(a). 

Case: 1:16-cv-00228 Doc #: 1 Filed: 02/01/16 1 of 7. PageID #: 1

Exhibit A 

p. 1 of 7
 2

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337(a), 

and 1345, and 15 U.S.C. §§ 45(a), 53(b), and other applicable provisions. 

3. Venue is proper in this district under 28 U.S.C. § 1391(b)(1), (b)(2), (c)(2), and 

(d), and 15 U.S.C. § 53(b). 

PLAINTIFF

4. The FTC is an independent agency of the United States Government created by 

statute. 15 U.S.C. §§ 41-58. The FTC enforces Section 5(a) of the FTC Act, 15 U.S.C. 

§ 45(a), which prohibits unfair or deceptive acts or practices in or affecting commerce. 

5. The FTC is authorized to initiate federal district court proceedings, by its own 

attorneys, to enjoin violations of the FTC Act and to secure such equitable relief as may be 

appropriate in each case, including rescission or reformation of contracts, restitution, the refund 

of monies paid, and the disgorgement of ill-gotten monies. 15 U.S.C. § 53(b). 

DEFENDANT 

6. Defendant Chemence, Inc. (“Chemence”) is an Ohio corporation with its principal 

place of business at 185 Bluegrass Valley Parkway, Alpharetta, GA 30005. Chemence transacts 

or has transacted business in this district and throughout the United States. At all times material 

to this Complaint, acting alone or in concert with others, Chemence has advertised, marketed, 

distributed, or sold cyanoacrylate glues to consumers throughout the United States. 

Case: 1:16-cv-00228 Doc #: 1 Filed: 02/01/16 2 of 7. PageID #: 2

Exhibit A 

p. 2 of 7
 3

COMMERCE

7. At all times material to this Complaint, Defendant has maintained a substantial 

course of trade in or affecting commerce, as “commerce” is defined in Section 4 of the FTC Act, 

15 U.S.C. § 44. 

DEFENDANT’S BUSINESS ACTIVITIES 

8. Defendant advertises, labels, offers for sale, and distributes products to 

consumers, including, but not limited to, cyanoacrylate glues. Cyanoacrylates are strong, 

fast-acting adhesives, also known as “power glues” or “superglues,” with industrial, medical, and 

household uses. Defendant advertises these products in stores and on its website, 

www.chemence-us.com, and offers for sale, sells, and distributes them directly to the public 

throughout the United States. 

9. Defendant provides third parties with marketing materials so third parties can 

market and sell Defendant’s own products.

10. Defendant manufactures rebranded, private-labeled products sold under retailer 

brand names, and provides those retailers with marketing materials for use in the marketing and 

sale of rebranded, private-labeled products. 

11. To induce consumers to purchase cyanoacrylate glues, Defendant has 

disseminated, or has caused to be disseminated, advertisements, packaging, and promotional 

materials for its products. These materials contain the following statements, among others:

Case: 1:16-cv-00228 Doc #: 1 Filed: 02/01/16 3 of 7. PageID #: 3

Exhibit A 

p. 3 of 7
 4

A. “Proudly Made in the USA”;

(Kwik-Frame Product Packaging; Chemence Product Packaging)

B. “Made in the USA.”

(Chemence Product Packaging) 

12. In numerous instances, including, but not limited to, the promotional materials 

referenced in Paragraph 11, Defendant has represented that its cyanoacrylate glue products, 

including raw materials, are all or virtually all made in the USA. 

13. In fact, a significant proportion (approximately 55%) of the cost of the chemical 

inputs to Defendant’s cyanoacrylate glue products is attributable to imported chemicals, and 

these imported chemicals are essential to the function of Defendant’s glue products. 

14. Therefore, Defendant’s claims that its cyanoacrylate glues are made in the USA 

deceive consumers because Defendant’s products are actually made in the USA with domestic 

and imported materials. 

Case: 1:16-cv-00228 Doc #: 1 Filed: 02/01/16 4 of 7. PageID #: 4

Exhibit A 

p. 4 of 7
 5

VIOLATIONS OF THE FTC ACT 

15. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits “unfair or deceptive acts 

or practices in or affecting commerce.” 

16. Misrepresentations or deceptive omissions of material fact constitute deceptive 

acts or practices prohibited by Section 5(a) of the FTC Act. 

Count I (False or Misleading Representation)

17. Through the means described in Paragraphs 11 and 12, Defendant has 

represented, directly or indirectly, expressly or by implication, that its cyanoacrylate glue 

products, including the materials used to make such products, are all or virtually all made in the 

United States. 

18. In truth and in fact, Defendant’s cyanoacrylate glue products, including the 

materials used to make such products, are not all or virtually all made in the United States. 

19. Therefore, the making of the representation as set forth in Paragraph 17 of this 

Complaint constitutes a deceptive act or practice, in or affecting commerce in violation of 

Section 5(a) of the FTC Act. 

Count II (Means and Instrumentalities)

20. As described in Paragraph 10, Defendant has distributed the promotional 

materials described in Paragraphs 11 and 12 to third-party retailers for use in the marketing and 

sale of Defendant’s products, including rebranded products.

21. In so doing, Defendant has provided the means and instrumentalities to these 

third-party retailers for the commission of deceptive acts or practices.

Case: 1:16-cv-00228 Doc #: 1 Filed: 02/01/16 5 of 7. PageID #: 5

Exhibit A 

p. 5 of 7
 6

22. Therefore, Defendant’s practices, as described in Paragraphs 20 and 21, constitute 

deceptive acts or practices in violation of Section 5 of the FTC Act.

CONSUMER INJURY 

23. Consumers have suffered and will continue to suffer substantial injury as a result 

of Defendant’s violations of the FTC Act. In addition, Defendant has been unjustly enriched as 

a result of its unlawful acts or practices. Absent injunctive relief by this Court, Defendant is 

likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. 

THIS COURT’S POWER TO GRANT RELIEF

24. Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), empowers this Court to grant 

injunctive and such other relief as the Court may deem appropriate to halt and redress violations 

of any provision of law enforced by the FTC. The Court, in the exercise of its equitable 

jurisdiction, may award ancillary relief, including rescission or reformation of contracts, 

restitution, the refund of monies paid, and the disgorgement of ill-gotten monies, to prevent and 

remedy any violation of any provision of law enforced by the FTC. 

PRAYER FOR RELIEF

 Wherefore, Plaintiff FTC, pursuant to Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), 

and the Court’s own equitable powers, requests that the Court: 

 A. Award Plaintiff such preliminary injunctive and ancillary relief as may be 

necessary to avert the likelihood of consumer injury during the pendency of this action and to 

preserve the possibility of effective final relief, including but not limited to, temporary and 

preliminary injunctions; 

Case: 1:16-cv-00228 Doc #: 1 Filed: 02/01/16 6 of 7. PageID #: 6

Exhibit A 

p. 6 of 7
B. Enter a permanent injunction to prevent future violations of the FTC Act by 

Defendant; 

C. Award such relief as the Court finds necessary to redress injury to consumers 

resulting from Defendant's violations of the FTC Act, including but not limited to, rescission or 

reformation of contracts, restitution, the refund of monies paid, and the disgorgement of 

ill-gotten monies; and 

D. Award Plaintiff the costs of bringing this action, as well as such other and 

additional relief as the Court may determine to be just and proper. 

Dated: O:l/ 0 \ /;;;_C0 \lo I I 

Respectfully submitted, 

JONATHAN E. NUECHTERLEIN 

General Counsel 

Attorneys for Plaintiff 

FEDERAL TRADE COMMISSION 

7 

Case: 1:16-cv-00228 Doc #: 1 Filed: 02/01/16 7 of 7. PageID #: 7

Exhibit A 

p. 7 of 7