UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International 

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Docket No. 9358 

PUBLIC DOCUMENT 

JOINT MOTION FOR ENTRY OF PROPOSED ORDER APPROVING 

STIPULATION AS TO ADMISSIBILITY OF CERTAIN EVIDENCE 

Pursuant to Commission Rule of Practice 3.31 (f) and 3.43(b)-(c), Complaint Counsel and 

Respondent ECM Biofilms ("ECM") respectfully request that the Court enter the attached 

proposed order based on the parties' stipulations regarding certain documents. Specifically, both 

parties stipulate and agree as follows: 

1. The document produced by The Ohio State University in this matter entitled Gomez, 

Eddie & Michel Jr., Frederick, Biodegradability of Conventional and Bio-Based Plastics 

and Natural Fiber Composites During Composting, Anaerobic Digestion, and LongTerm Soil Incubation, POLYMER DEGRADATION AND STABILITY, Vol. 98 (December 

2013): 2583-2591 {the "Ohio State Study''), attached hereto as Exhibit CX-1, shall be 

admitted into evidence at the evidentiary hearing to take place in this matter. 

2. The Ohio State Study is admissible for the truth of the matters asserted therein and for all 

other purposes and not excludable on any grounds. 

3. The parties reserve their rights to present evidence or argument that goes to the probative 

value or evidentiary weight to be accorded to the Ohio State Study. 

Respectfully submitted, 
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PUBLIC DOCUMENT 

Is/ Katherine Johnson 

Katherine Johnson (kjohnson3@ftc.gov) 

Jonathan Cohen (jcohen2@ftc.gov) 

Elisa Jillson (ejillson@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. M-8102B 

Washington, DC 20580 

Phone: 202-326-2185; -2551; -3001 

Fax: 202-326-2551 

And 

Is/ Peter Arhangelsky 

Jonathan W. Emord (jemord@emord.com) 

Peter A. Arhangelsky 

(parhangelsky@emord.com) 

Lou F. Caputo (lcaputo@emord.com) 

Emard & Associates, P.C. 

11808 Wo1fRun Lane, Clifton, VA 20124 

Phone: (202) 388-8899 

Fax: (202) 466-6938 
PUBLIC DOCUMENT 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International 

) 

) 

) 

) 

) 

) 

Docket No. 9358 

PUBLIC DOCUMENT 

[PROPOSED] ORDER GRANTING JOINT MOTION 

APPROVING STIPULATION AS TO ADIVUSSIBILITY OF CERTAIN EVIDENCE 

This matter having come before the Chief Administrative Law Judge on May 5, 2014, 

upon a Joint Motion for Entry of Proposed Order Based on Stipulations Regarding Admissibility 

of Certain Evidence, it is hereby ORDERED that: 

1. The Joint Motion is GRANTED; 

2. The document produced by The Ohio State University in this matter entitled G6mez, 

Eddie & Michel Jr., Frederick, Biodegradability of Conventional and Bio-Based 

Plastics and Natural Fiber Composites During Composting, Anaerobic Digestion, 

and Long-Term Soil Incubation, POLYMER DEGRADATION AND STABILITY, Vol. 98 

(December 2013): 2583-2591 (the "Ohio State Study''), attached hereto as Exhibit 

CX-1, shall be admitted into evidence at the evidentiary hearing to take place in this 

matter. 

3. The Ohio State Study is admissible for the truth of the matters asserted therein and for 

ali other purposes and not excludable on any grounds. 

4. The parties reserve their rights to present evidence or argument that goes to the 

probative value or evidentiary weight to be accorded to the Ohio State Study. 

ORDERED: 

D. Michael Chappell 

3 
Chief Administralivc Law Judge 

Dale: 

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PUBLIC DOCUMENT 

CERTIFICATE OF SERVICE 

I hereby certify that on May;{2014, I caused a true and correct copy of the foregoing 

document to be served as follows: (t; ~ 

One hard copy original and one coru1esy c~ce of the Secretary: 

DonaldS. Clark, Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Room H-159 

Wasr..ington, DC 20580 

Email: secretazy@ftc.gov 

One electronic and one paper courtesy copy to the Office of the Administrative Law Judge: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave., NW, Room H-110 

Washington, DC 20580 

One electronic copy to Counsel for the Respondent: 

Jonathan W. Emord 

Emard & Associates, P.C. 

11808 WolfRun Lane 

Clifton, VA 20124 

Email: jemord@emord.com 

Lou Caputo 

Emard &Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: lcaputo@emord.com 

Peter Arhangelsky 

Emard & Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: parhangelsky@emord.com 

I further certify that I possess a paper copy of the signed original of the foregoing 

document that is available for review by the parties and the adjudicator. 

Date: May f, 2014 

b @ 

5 

Is! Katherine Johnson 

Katherine Johnson (kjohnson3@ftc.gov) 

Jonathan Cohen Gcohen2@ftc.gov) 

Elisa Jillson ( ejillson@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. M-8102B 

Washington, DC 20580 

Phone: 202-326-2185; -2551; -3001 

Fax: 202-326-2551