Analysis of Proposed Consent Order to Aid Public Comment

In the Matter of Moonlight Slumber, LLC, File No. 1623128

The Federal Trade Commission (“FTC” or “Commission”) has accepted, subject to final

approval, an agreement containing a consent order from Moonlight Slumber, LLC

(“respondent”).

The proposed consent order has been placed on the public record for thirty (30) days for

receipt of comments by interested persons. Comments received during this period will become

part of the public record. After thirty (30) days, the Commission will again review the

agreement and the comments received, and will decide whether it should withdraw from the

agreement or make final the agreement’s proposed order.

This matter involves the deceptive environmental and health claims respondent made 

regarding its baby mattresses. According to the FTC complaint, respondent made 

unsubstantiated representations that its mattresses are organic, natural, or plant-based and that its 

mattresses will not emit any substance, including volatile organic compounds, or off gas; 

claimed that testing proved that its mattresses do not emit volatile organic compounds; and 

represented that its mattresses have been certified by Green Safety Shield, yet failed to disclose 

that it has a material connection to the Green Safety Shield seal. Consumers likely interpret such 

seals as a claim that an independent third party certified the product. The complaint alleges that 

all of these claims are deceptive in violation of Section 5(a) of the FTC Act.

The proposed consent order contains five provisions designed to prevent respondent from 

engaging in similar acts and practices in the future. Part I prohibits misleading representations 

regarding whether any mattress, blanket, pillow, pad, foam-containing product, or sleep-related 

product is organic, natural, or plant-based; regarding the emissions from such product; and 

regarding the general environmental and health benefits of such product. The order requires 

respondent to possess competent and reliable evidence, including scientific evidence when 

appropriate, to substantiate these representations.

Part II prohibits misleading representations regarding emissions-free and VOC-free 

claims. The order requires competent and reliable scientific evidence to substantiate that a 

product does not emit more than a trace level of emissions of the substance about which the 

claim is made. The order defines “emission” to include all emissions (not just VOCs that cause 

smog). This definition reflects the Commission’s Enforcement Policy Statement and consumer 

expectations: consumers are likely concerned about the potential health effects from exposure to 

chemical emissions found in indoor air, not just VOCs that affect outdoor air quality. Consistent 

with the Green Guides, the order defines “trace level of emissions” for claims for a substance to 

mean that (1) emissions of the substance do not result in inhalation concentrations of that 

substance higher than background levels in the typical residential home; (2) emissions of the 

substance do not cause material harm that consumers typically associate with that substance, 

including harm to the environment or human health; and (3) the substance has not been added 

intentionally to the covered product. 

Part III prohibits respondent from mispresenting the results of any tests or studies, or 

from misrepresenting that any product benefit is scientifically or clinically proven. Parts IV and 
V prohibit respondent from misrepresenting certifications or failing to adequately disclose a 

material connection to a party making a representation, e.g., an endorser.

Parts VI through X are reporting and compliance provisions. Part VI mandates that 

respondent acknowledge receipt of the order, distribute the order to certain employees and 

agents, and secure acknowledgments from recipients of the order. Part VII requires that 

respondent submit compliance reports to the FTC within ninety (90) days of the order’s issuance 

and submit additional reports when certain events occur. Part VIII requires that respondent 

create and retain certain records for five (5) years. Part IX provides for the FTC’s continued 

compliance monitoring of respondent’s activity during the order’s effective dates. Part X is a 

provision “sunsetting” the order after twenty (20) years, with certain exceptions.

The purpose of the analysis is to aid public comment on the proposed order. It is not 

intended to constitute an official interpretation of the proposed order or to modify its terms in 

any way.