________________________________________________ 

______________________________________________ 

162 3079 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Maureen K. Ohlhausen, Acting Chairman 

Terrell McSweeny 

In the Matter of 

BENJAMIN MOORE & CO., INC., a corporation. 

DOCKET NO. C-4646

COMPLAINT 

The Federal Trade Commission, having reason to believe that Benjamin Moore & Co., 

Inc., a corporation, has violated the provisions of the Federal Trade Commission Act, and it 

appearing to the Commission that this proceeding is in the public interest, alleges: 

1. Respondent Benjamin Moore & Co., Inc. is a New Jersey corporation, with its principal 

office or place of business at 101 Paragon Drive, Montvale, New Jersey 07645. 

2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed 

paint products to consumers, including Natura paints. 

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. 

Benjamin Moore’s Natura Paints 

4. Respondent distributes Natura paints through a network of authorized, independent retailers, 

as well as through its own stores and website. 

5. Respondent and its independent retailers have disseminated or have caused to be 

disseminated advertisements, packaging, and other promotional materials for Natura paints to 

consumers, including the attached Exhibits A-G. These materials include the following 

statements and depictions: 

a. 

ON SCREEN VOICEOVER 

A group of painters enter quietly into a If you want a paint with no harsh 

room filled with cribs. While a baby fumes; if you want a paint without 
 

 

 

 

tllY 

sleeps in a crib, they begin to paint a harmful chemicals; if you want a 

mural on a wall. paint that is safer for your family and 

the environment, only this can. 

Painters exit and the baby wakes up, Natura by Benjamin Moore. 

smiling and standing in the crib. 

(Exhibit A, Benjamin Moore Natura 30-second advertisement). 

(Exhibit A, screenshots from Benjamin Moore Natura 30-second advertisement). 

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ATURA IS GREEN WITHOUT COM PROMISE<II> 

With zero voes, zero emissions and 

no harsh fumes .. , Natura can have a 

positive impact on air quality. This is a 

truly environmentally friendly paint 

without sacrifice to performance or 

color integrity. 

1NpEPENDENTLY TESTED & CERTIF 

Natljra is Benjamin Moore's 

most docorated product. 

WhE!theryou are painting a 

ho..,, school or a building, 

you bn be confident in 

knowing you've used the 

bestforyour ,nvironmentally 

sensitWe pcoject needs. 

\1!1' ~--;;; PA:OOU(T 

2015 Product of the Year award 

1hs award seeks 10 gude 

cxri.sumetstopoducnfcn 

,ta q;*!y and lnnowuon by 

category. It 1sa consumer-\Oted 

av,am based en a suvey of 

40.000 consume,sconducted by 

TNS. a global coosumer ,esearch com~. Natura was selected In the lnterklr Paint ategory. 

• sttuna & allergy friendly"' Admim<.eredby me ASthmi 3rtd Xlt:rgy Fo.Jl'(!:ioon of NTIEflea. 

ttu program seeks :o SC!elllflalty 

test ard IOO'lufy conslllli'r ?'oduc:IS 

W t aiemoreStJt:XliefOI peo~e wu h anhm.. ard al!eigles. For more lnfcrrna11on, 'o'f'slt 

\WIW.:t3fJ.<:r~ 

Cradle to Cradle Cert1fied•s1tver 

oadletocrxflecerttfed"° Is 

:i mub1-.ttr100:e certfutbn 

plO!Jrn. Produ!:ts 3te M~J31a:f 

for m:u«1:i1 hmlth, m:iterlal 

rel1il1.::tttlr\reoow:deeruwuse 

:ind arlx>n rNOagemem. wata 

s:~!-ip.artdsoc131 f.altr.es. ra mere lr,iltmafion about the 

~:ooadle Ptoduclslrnov.Jllon 

1nstau1e 'o'!Sft wwwacceruliedorg. 

Qualifies for LEEO- & LEED v4 Credit 

1he IJS. Green BUldhg COUrdl\ 

alfng~e-rikr gr~r. bLfl.d!rg 

le3derstip awards cra.1lt iJr sat&fed aeieq!Ssl,es1n~coourucoon 

.ind rrulntoo:irce ror rro1e 

ricrtnxo'l\ffl ._..\\WJJSgbcag. 

MPS Green Performa.rM:e• 

MJSterS P.!i'"ltE!IS iruU!lJte OOUC3:es 

poi'essl0031s: on ixoouas based on pal'orrrunce-msedstln.iads:cid 

':lbres11ngNJti.:1rreecsm~ 

~fcatorn ridtxflnglhose1.t1der YAQffl'!Ferlcrmance"". 

CHPS (Collaboratl-.. for Htgh Perfonnance ~ools) PrlM':ies theJCa!Ot3ncecrr.ab fos 

produc1s lh.it t,,,e!p sc!'ools meei 

;hen green btirding crtt?.11:1 and delve eovror,ren;al benef,,.s ,;o 

thelf OCo.p.1nlS. 

(Exhibit B, print brochure). 

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atura~ Zero and Zero E111issions P" int 

GIRL'S BEDROO I 

N~ur.i comt!!i in <1n color - >0 you 

can select green o tlon for ur 

,mly 11 P.n; ;.ero Pmts:.tons 

~e n .co r, or 

Beautiful Color. Lasting Durability. None of the others ff. 

Crutmg i1 r;re,mn md 

AtBmJilmlll [01:n ilHHmllllli!tm illproridinge.ii;-ircmmmWl}-fu@ndly produ th.I bathpro!Ktand bnuti!,ra,n-hamt. 

Nit.tun p<Wlt goei be)--on zero \"OC uuo ~1lWi md s.rlui!.11:, no odar w tbue u: nothiui:; dm!: 1xti )"'Oil u 

d~~ green \(J promise· 

-PINO A ITOIIII!: ·• 

b. 

(Exhibit C, www.benjaminmoore.com/natura). 

Benjamin Moore’s Green Promise Seal 

6. Respondent distributes paint products bearing the “Green Promise” seal, including Natura 

paints. These products contain the following depictions: 

a. 

(Exhibit D, www.benjaminmoore.com). 

4 
 

 

 

~ green 

promise· ZEROVOC 

~ Benjamin Moore· 

I ATI 

PREMIUM I NTERIOR PAINT 

1/tr for vo11r /am1/1 

0 

BASE 1 5131X 

126 FLUID OUNCES 3.726 LITERS 

b. 

(Exhibit E, Natura paint can label). 

Count I 

Unsubstantiated Claims 

7. In connection with the advertising, promotion, offering for sale, or sale of Natura paints, 

Respondent has represented, directly or indirectly, expressly or by implication, that: 

a. Natura paints are emission-free. 

b. Natura paints are emission-free during or immediately after painting. 

c. Natura paints will not emit any chemical or substance, including VOCs, that 

causes material harm to consumers, including sensitive populations such as 

babies, asthmatics, and allergy sufferers. 

d. Natura paints will not emit any chemical or substance, including VOCs, during or 

immediately after painting, that causes material harm to consumers, including 

sensitive populations such as babies, asthmatics, and allergy sufferers. 

8. The representations set forth in Paragraph 7 were not substantiated at the time the 

representations were made. 

Count II 

Deceptive Failure to Disclose—Material Connection with Green Promise 

9. In connection with the advertising, promotion, offering for sale, or sale of its paints, such as 

through the use of its Green Promise seal, Respondent has represented, directly or indirectly, 

expressly or by implication, that these paints have been endorsed or certified by an 

independent third party. 

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10. Respondent has failed to disclose or adequately disclose that Respondent has a material 

connection to Green Promise, such as the fact the Green Promise seal is Respondent’s own 

designation. This fact would be material to consumers in their purchase or use decisions 

regarding Respondent’s paints. 

11. Respondent’s failure to disclose or adequately disclose the material information described in 

Paragraph 10, in light of the representation set forth in Paragraph 9, is a deceptive act or 

practice. 

Count III 

Means and Instrumentalities 

12. Respondent has distributed promotional materials, including the statements and depictions 

contained in Exhibits A through G to independent distributors and retailers. In so doing, 

Respondent has provided them with the means and instrumentalities for the commission of 

deceptive acts or practices. 

Violations of Section 5 

13. The acts and practices of Respondent as alleged in this complaint constitute unfair or 

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

Federal Trade Commission Act. 

THEREFORE, the Federal Trade Commission this twenty-fourth day of April, 2018, 

has issued this Complaint against Respondent. 

By the Commission. 

Donald S. Clark 

Secretary 

SEAL: 

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