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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairwoman

Maureen K. Ohlhausen

Terrell McSweeny

In the Matter of

California Naturel, Inc., DOCKET NO. 9370

a corporation, 

FINAL ORDER

The Commission has heard this matter upon the Motion for Summary Decision filed by 

Complaint Counsel, and upon the briefs and responses filed in support thereof and in opposition 

thereto. For the reasons stated in the accompanying Opinion of the Commission, the Commission 

has determined to grant the Motion for Summary Decision. Accordingly,

IT IS ORDERED that the following Order to cease and desist be, and it hereby is, entered:

ORDER

DEFINITIONS

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

1. Unless otherwise specified, “respondent” shall mean California Naturel, Inc., a

corporation, its successors and assigns, and its officers, agents, representatives, and

employees.

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

Act, 15 U.S.C. § 44.

I.

IT IS ORDERED that respondent, directly or through any corporation, subsidiary,

division, or other device, in connection with the manufacturing, labeling, advertising, promotion,

offering for sale, sale, or distribution of any product must not make any representation, expressly

or by implication, including through the use of a product name, trademark, or trade name, about:
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A. whether such product is all natural or 100% natural;

B. the extent to which such product contains any natural or synthetic ingredient or

component;

C. the ingredients or composition of such product; or

D. the environmental or health benefits of such product,

unless the representation is non-misleading, including that, at the time such representation is

made, the respondent possesses and relies upon competent and reliable evidence, which when

appropriate based on the expertise of professionals in the relevant area must be competent and

reliable scientific evidence, that is sufficient in quality and quantity based on standards generally

accepted in the relevant fields when considered in light of the entire body of relevant and reliable

evidence, to substantiate that the representation is true. For the purposes of this Provision:

1. “competent and reliable evidence” means tests, analyses, research, studies, or

other evidence based on the expertise of professionals in the relevant area, that

have been conducted and evaluated in an objective manner by qualified persons,

using procedures generally accepted in the profession to yield accurate and

reliable results; and

2. “competent and reliable scientific evidence” means tests, analyses, research, or

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

qualified persons, using procedures generally accepted in the profession to yield

accurate and reliable results.

II.

IT IS FURTHER ORDERED that respondent California Naturel, Inc., and its successors

and assigns, 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 Federal Trade 

Commission for inspection and copying:

A. All advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and

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.
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III.

IT IS FURTHER ORDERED that respondent California Naturel, Inc., and its

successors and assigns, shall deliver a copy of this order to all current and future principals,

officers, directors, and managers, and to all current and future employees, agents, and

representatives having responsibilities with respect to the subject matter of this order, and shall 

secure from each such person a signed and dated statement acknowledging receipt of the order.

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. Respondent must maintain and upon request make available to 

the Federal Trade Commission for inspection and copying all acknowledgments of receipt of

this order obtained pursuant to this Part.

IV.

IT IS FURTHER ORDERED that respondent California Naturel, Inc., and its

successors and assigns, 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 corporation; 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 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, Washington, DC 20580. The subject line must begin: In re

California Naturel, Docket No. 9370.

V.

IT IS FURTHER ORDERED that respondent California Naturel, Inc., and its successors

and assigns, within sixty (60) days after the date of service of this order, shall file with the

Commission a true and accurate report, in writing, setting forth in detail the manner and form of

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

representative of the Commission, it shall submit additional true and accurate written reports.

VI.

IT IS FURTHER ORDERED that the final and effective date of this Order is the 60th

day after this Order is served. This Order will terminate on December 5, 2036, or 20 years from 

the most recent date that the United States or the Commission files a complaint (with or without

an accompanying settlement) in federal court alleging any violation of this Order, whichever

comes later; provided, however, that the filing of such a complaint will not affect the duration

of:
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A. Any Provision in this Order that terminates in less than 20 years;

B. This Order if such complaint is filed after the Order has terminated pursuant to

this Provision. 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 Provision 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.

By the Commission.

Donald S. Clark

Secretary

SEAL:

ISSUED: December 5, 2016