1623081

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Maureen K. Ohlhausen, Acting Chairman

Terrell McSweeny

________________________________________________

In the Matter of

ICP Construction Inc., formerly known as

California Products Corp., 

d/b/a Muralo Paints, a corporation. DOCKET NO. C-

________________________________________________

COMPLAINT

The Federal Trade Commission, having reason to believe that ICP Construction, Inc., 

formerly known as California Products Corporation, doing business as Muralo Paints, (ICP or 

“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 ICP Construction, Inc., formerly known as California Products Corp., doing 

business as Muralo Paints, is a Massachusetts corporation with its principal office or place of 

business at 150 Dascomb Road, Andover, Massachusetts 01810-5873.

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

paint products to consumers, including BreatheSafe 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.

Respondent’s BreatheSafe Paints

4. Respondent distributes BreatheSafe paints to consumers through a network of authorized, 

independent retailers.

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

disseminated advertisements, packaging, and other promotional materials for BreatheSafe

Paints to consumers, including the attached Exhibits A-F. These materials contain the 

following statements and depictions:

a.
2

(Exhibit D, Brochure.)

b. Muralo BreatheSafe is a virtually odorless high-performance water-based latex, 

formulated with no harmful solvents and based on a sustainable chemistry 

technology, for interior use. Ideal for nursing homes, schools, babies’ rooms and 

health care facilities.... Specified for space that is occupied during painting.

(Exhibit A, www.muralo.com/products/breathesafematte.php).

Respondent’s Eco Assurance Logo

6. Respondent distributes, or has caused its independent retailers to distribute several paint 

products bearing the following “Eco Assurance” logo, including BreatheSafe paints.

a.
3

(Exhibit E, paint can label).

Count I

Unsubstantiated Claims

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

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

a. BreatheSafe Paints are VOC-free;

b. BreatheSafe Paints are VOC-free during or immediately after painting;

c. BreatheSafe Paints will not emit any chemical or substance, including VOCs, that 

causes material harm to consumers, including sensitive populations such as 

babies; and

d. BreatheSafe 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.

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 Eco Assurance

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

through the use of its Eco Assurance seal, Respondent has represented, directly or indirectly, 

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

independent third party.

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

connection to Eco Assurance, such as the fact the Eco Assurance seal is Respondent’s own 
4

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 distributed promotional materials, including the statements and depictions 

contained in Exhibits A through G to independent 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 _______ day of _______, 201_, has 

issued this Complaint against Respondent.

By the Commission.

Donald S. Clark

Secretary

SEAL: