182 3038

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Maureen K. Ohlhausen, Acting Chairman 

Terrell McSweeny

In the Matter of

NECTAR BRAND LLC, a limited liability 

company, also d/b/a NECTAR SLEEP; 

DREAMCLOUD, LLC; and 

DREAMCLOUD BRAND LLC. 

DOCKET NO. CCOMPLAINT

 The Federal Trade Commission, having reason to believe that Nectar Brand LLC, a 

limited liability company, also doing business as Nectar Sleep; DreamCloud, LLC; and 

DreamCloud Brand LLC (“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 Nectar Brand LLC, also doing business as Nectar Sleep; DreamCloud, LLC; 

and DreamCloud Brand LLC (“Respondent”) is a California limited liability company with its 

principal office or place of business at 2000 University Drive, Palo Alto, California 94303. 

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

consumers, including but not limited to mattresses. Respondent advertises these products online, 

including, but not limited to, on its website, nectarsleep.com. 

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. 

4. Respondent has disseminated or caused to be disseminated advertisements, packaging,

and promotional materials for its products, including but not necessarily limited to the attached 

Exhibit A. This exhibit contains the following statement: “Designed and Assembled in USA.” 

5. In numerous instances, including, but not limited to, the promotional materials shown in 

Exhibit A, Respondent has represented, expressly or by implication, that its mattresses are 

assembled in the United States.
2 

6. In fact, Respondent’s mattresses are wholly imported from China, and Respondent 

performs no assembly operations in the United States. 

7. Therefore, Respondent’s express or implied representations that its mattresses are 

assembled in the United States are false. 

COUNT I

(False or Unsubstantiated Representation – Assembled in USA) 

8. In connection with the manufacturing, labeling, advertising, promotion, offering for sale, 

sale, or distribution of its products, Respondent has represented, directly or indirectly, expressly 

or by implication, that its products, including, but not limited to, mattresses, are assembled in the 

United States. 

9. In fact, certain of Respondent’s products are wholly imported. Therefore, the

representation set forth in Paragraph 8 is false or misleading, or was not substantiated at the time

the representation was made. 

Violations of Section 5 

10. 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 _______, 20__, has 

issued this Complaint against Respondent. 

By the Commission.

 [Donald S. Clark] 

 Secretary

SEAL: