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122 3268 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

COMMISSIONERS: Edith Ramirez, Chairwoman 

Julie Brill 

Maureen K. Ohlhausen 

Joshua D. Wright 

In the Matter of 

Down to Earth Designs, Inc., 

a corporation 

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Docket No. C-4443 

COMPLAINT 

 The Federal Trade Commission, having reason to believe that Down to Earth 

Designs, Inc., d/b/a gDiapers (“Respondent”) 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 is an Oregon corporation with its principal place of business at 2808 

NE Martin Luther King Jr. Boulevard, Portland, Oregon, 97212. 

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

following products throughout the United States: 

A. gDiapers: A diaper system that consists of two components: (i) a 

reusable outer shell (gPants), and (ii) an inner liner, either a disposable 

pad (gRefills) or a reusable cloth insert. Respondent has offered for sale 

and sold gPants and gRefills separately and in combination with each 

other. 

B. gWipes: Moist wipes for use on babies’ skin. 

3. Respondent has advertised, offered for sale, and sold gRefills and gWipes as 

disposable products on its website, www.gdiapers.com, and through other online media, 

including but not limited to advertisements on third-party websites, social media 

advertisements, and email advertisements sent to potential customers. Additionally, 

Respondent has advertised, offered for sale, sold, and distributed these products through 

various retailers and distributors throughout the United States. 
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4. 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. 

5. Respondent disseminates, has disseminated, or has caused the dissemination of 

promotional materials relating to its gDiapers and gWipes products to retailers and 

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

shown in Exhibits 1-19, Respondent has represented that:

A. gRefills and gWipes are biodegradable: 

100% ecodorable* 

*cute & biodegradable. 

Ex. 1 (gDiapers website). 

100% biodegradable 

Exs. 2, 3 (gDiapers website). See also Exs. 4, 5 (online 

advertising). 

100% biodegradable for a happy planet. 

Ex. 4 (online advertising). 

disposable. 

biodegradable. 

adorable. 

 

Exs. 6, 7 (online advertising). 

biodegradable* gRefills 

Ex. 8 (packaging). 

biodegradable gWipes 

Ex. 9 (packaging). 
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B. gRefills and gWipes biodegrade when trashed: 

100% biodegradable 

disposable diaper inserts 

So gentle on the earth you can flush, compost, or toss. 

Ex. 1 (gDiapers website).

Flush. 

Compost. 

Toss. 

gDiapers. No garbage. 

Ex. 10 (online advertising). See also Ex. 11 (online advertising). 

a diaper shouldn’t last forever. 

50 million diapers enter the landfill every day. Each one takes 

up to 500 years to break down. gDiapers are the only earthfriendly diapers that are 100% biodegradable. gDiapers 

biodegradable gRefills can be flushed, home composted, or 

tossed. 

Ex. 3 (gDiapers website). 

Put the poop in the toilet and toss the baby wipe. You can 

breathe easier knowing that a gWipe will break down much 

faster than other disposable baby wipes on the market. 

Ex. 12 (gDiapers website). 

toss 

a plastic-free option that’s easier on the planet 

Ex. 13 (gDiapers website). See also Ex. 8 (packaging).

no landfill necessary. 

Ex. 15 (online advertising). 
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C. gRefills biodegrade when flushed: 

100% Biodegradable 

So gentle on the earth you can flush, compost, or toss. 

Ex. 1 (gDiapers website). 

gDiapers biodegradable gRefills can be flushed, home 

composted, or tossed. 

Ex. 3 (gDiapers website). See also Ex. 2 (gDiapers website). 

D. gRefills are “certified” biodegradable: 

gRefills are certified 100% biodegradable. 

Exs. 13 (gDiapers website), 16 (email advertising), 8 (packaging). 

E. gRefills and gWipes are compostable, including in home composts: 

gRefills can be . . . home composted 

Exs. 2, 3 (gDiapers website). 

gWipes can be home composted 

Ex. 12 (gDiapers website).

Flush. 

Compost. 

Toss. 

gDiapers. No garbage. 

Ex. 10 (online advertising). 

Flush, compost, or throw them away! 

Ex. 11 (online advertising).

gRefills in your own backyard. 

* * * 

Collect your yard waste, your fruit and veggie scraps from the 
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kitchen, your coffee grounds and your baby’s wet gRefills and 

watch how they work together to break down into useful and 

valuable compost. 

Ex. 14 (gDiapers website). 

F. gRefills offer an environmental benefit because they can be flushed: 

Earth-friendly diapers 

Flush your diapers. 

Ex. 17 (online advertising). 

Eco-friendly diapers. 

* * * 

Flush, compost, or throw them away! 

Ex. 11 (online advertising). 

Flush 

You’re putting poop where it belongs 

Exs. 13 (website); see also 8 (packaging). 

G. gDiapers are plastic free: 

plastic free, naturally.

 

Ex. 18 (online advertising). 

No plastic, chlorine, or guilt! 

Ex. 11 (online advertising). 

End plastic diaper use. 

Ex. 19 (online social media advertising). 

6. In numerous instances, no disclaimers accompanied the representations listed in 

Paragraph 5. See, e.g., Exs. 9, 10, 11. In other instances, Respondent made qualifying 

statements – e.g., disclaimers that only wet gRefills or gWipes can be composted, or that 

gRefills and gWipes are biodegradable only in composting environments – but in 

numerous instances those qualifiers were not clear and conspicuous or proximate to the 
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claim. For example, while Respondent’s home page advertised gRefills with unqualified 

compostable claims, see Ex. 1, it disclosed that only “wet ones” (i.e., wet gRefills) can be 

composted on different web pages. See, e.g., Exs. 3, 13. Similarly, in contrast to the 

unqualified biodegradable claims on the front of gRefills and gWipes packaging, 

Respondent revealed on back and side panels that the products biodegrade in only “home 

and commercially-approved composts.” See, e.g., Exs. 8, 9.

7. Consumers likely interpret unqualified degradable claims to mean that the entire 

product or package will completely decompose into elements found in nature within a 

reasonably short period of time after customary disposal. For items entering the solid 

waste stream, consumers likely interpret unqualified degradable claims to mean that the 

item will completely decompose within one year after customary disposal. 16 C.F.R. § 

260.8(b),(c). 

8. Consumers likely interpret unqualified compostable claims to mean that all the 

materials in the item will break down into, or otherwise become part of, usable compost 

(e.g., soil-conditioning material, mulch) in a safe and timely manner (i.e., in 

approximately the same time as the materials with which it is composted) in an 

appropriate composting facility, or in a home compost pile or device. 16 C.F.R. § 

260.7(b). 

9. Approximately 92 percent of total municipal solid waste in the United States is 

disposed of in landfills, incinerators, or recycling facilities. Landfills, incinerators, and 

recycling facilities do not present conditions for biodegradation or composting within a 

reasonably short period of time. 

10. Consumers of gRefills dispose of the majority of used gRefills by throwing them 

away in the trash (“trashing”). Trashing gRefills and gWipes leads to their final disposal 

in a landfill or incinerator. 

11. In fact, gRefills and gWipes do not biodegrade in landfills or incinerators in a 

reasonably short period of time. 

12. Municipal wastewater facilities filter out a portion of flushed gRefills and send 

that material to landfills. Of the material that is not filtered out, only a part may degrade 

in the wastewater stream during the treatment process. Of the remainder, a portion is 

landfilled or incinerated. As a result, a significant portion of flushed gRefills do not 

biodegrade.

13. Only wet used gRefills and gWipes are safe to compost. 

14. Respondent has not obtained any independent, third-party certification that 

gRefills are biodegradable. 

15. gDiapers are not plastic free. The gPants component of the gDiapers system 

contains, among other things, plastic. 
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VIOLATIONS OF SECTION 5 OF THE FTC ACT

COUNT I: FALSE OR MISLEADING REPRESENTATIONS 

16. Through the means described in Paragraph 5, Respondent has represented, 

expressly or by implication, that: 

A. gRefills and gWipes are biodegradable—i.e., will completely break down 

and decompose into elements found in nature within one year after 

customary disposal;

B. gRefills and gWipes will biodegrade when trashed; 

C. gRefills will biodegrade when flushed;

D. gRefills are “certified” biodegradable; 

E. No part of used gRefills will end up in a landfill or incinerator after 

disposal by trashing or flushing; and/or 

F. gDiapers are plastic free. 

17. In truth and in fact: 

A. gRefills and gWipes will not completely break down and decompose into 

elements found in nature within one year after customary disposal; 

B. gRefills and gWipes will not biodegrade when trashed; 

C. gRefills will not biodegrade when flushed; 

D. gRefills are not “certified” biodegradable; 

E. Part of used gRefills will end up in a landfill or incinerator after disposal 

by trashing or flushing; and/or 

F. gDiapers are not plastic free. 

18. Therefore, the representations set forth in Paragraph 16 were, and are, false or 

misleading. 

 

19. Respondent’s false or misleading representations constitute deceptive acts or 

practices in or affecting commerce, in violation of Section 5(a) of the Federal Trade 

Commission Act, 15 U.S.C. § 45(a).
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COUNT II: FAILURE TO DISCLOSE, OR FAILURE TO DISCLOSE CLEARLY 

AND CONSPICUOUSLY, THAT COMPOSTABILITY IS LIMITED TO WET 

GREFILLS AND GWIPES 

20. Through the means described in Paragraph 5, Respondent has represented, 

expressly or by implication, that used gRefills and gWipes are home compostable – i.e., 

will break down into, or otherwise become part of, usable compost in a safe and timely 

manner in a home compost pile or device. 

21. Respondent has failed to disclose that gRefills and gWipes soiled with solid 

waste will not break down into, or otherwise become part of, usable compost in a safe 

and timely manner in a home compost pile or device. Where Respondent has made such 

disclosures, in numerous instances they have not appeared in a clear and conspicuous 

manner.

22. This additional information, described in Paragraph 21, would be material to 

consumers in deciding whether to purchase gDiapers’ products. 

23. Respondent’s failure to disclose the material information in Paragraph 21, in light 

of the representations made in Paragraph 20, constitutes a deceptive act and practice in 

violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a). 

COUNT III: UNSUBSTANTIATED REPRESENTATIONS 

24. Through the means described in Paragraph 5, Respondent has represented, 

expressly or by implication, that: 

A. gRefills and gWipes will biodegrade when trashed; 

B. gRefills will biodegrade when flushed;

C. gRefills offer an environmental benefit because they can be flushed; 

and/or

D. gWipes are home compostable. 

25. Through the means described in Paragraph 5, Respondent has represented, 

expressly or by implication, that it possessed and relied upon a reasonable basis that 

substantiated the representations set forth in Paragraph 24 at the time the representations 

were made. 

26. In truth and in fact, Respondent did not possess and rely upon a reasonable basis 

that substantiated the representations set forth in Paragraph 24, at the time the 

representations were made. Therefore, the representation set forth in Paragraph 25 was, 

and is, false or misleading. 
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27. Respondent’s practices constitute deceptive acts or practices in or affecting 

commerce, in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 

§ 45(a). 

IN WITNESS THEREOF, the Federal Trade Commission has issued this 

Complaint against Respondent and has caused it to be signed by its Secretary and its 

official seal to be hereto affixed, at Washington, D.C. this eighteenth day of March, 2014. 

By the Commission. 

 

SEAL: Donald S. Clark 

 Secretary