1623080 

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Maureen K. Ohlhausen, Acting Chairman 

Terrell McSweeny

________________________________________________ 

In the Matter of

IMPERIAL PAINTS, LLC, d/b/a LULLABY PAINTS

and ECOS PAINTS, a limited liability company. 

 DOCKET NO. C- 

 

______________________________________________ 

COMPLAINT

 The Federal Trade Commission, having reason to believe that Imperial Paints, LLC, a 

limited liability company, 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 Imperial Paints, LLC (“Imperial”), also doing business as, inter alia, Lullaby 

Paints and ECOS Paints is a South Carolina limited liability company with its principal office 

or place of business at 350 East St. John Street, Spartanburg, South Carolina 29302. 

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

paint products to consumers, including Lullaby Paints and ECOS 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. 

Imperial’s Lullaby Paints

4. Respondent distributes Lullaby Paints directly to consumers through its websites, including 

http://imperialpaintsllc.com/ and http://lullabypaints.com/, and through independent retailers. 

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

disseminated advertisements, packaging, and other promotional materials for Lullaby Paints

to consumers, including the attached Exhibits A-M. These materials contain the following 

statements and depictions:

a.
2 

(Exhibit G, Brochure.) 

b.

(Exhibit F, Brochure.) 

c. The World’s Finest Baby Safe Paint! (Exhibit J, www.lullabypaints.com/). 
3 

d. There’s no good reason why a premium quality, hard wearing, beautiful paint 

needs to contain toxic chemicals. Know how we know that? At Lullaby Paints, 

after years of development, we have proven it. We are pioneers in paint-making 

and extremely proud of our final product: the safest paint available. Newborn 

baby-safe. Pregnant mom-safe. Safe enough for kids to paint with. (Exhibit I, 

www.lullabypaints.com/safety). 

e. Safe for baby. And the environment. Our award-winning paint is praised as 

much for its color, coverage and durability, as it is for its safety. Attaining the 

highest certifications for product purity, Lullaby Paints is known in the industry 

as the safest paint available. Recognized by consumer advocacy groups and 

leading environmental organizations, used by hospitals and maternity facilities, 

lauded by magazines, designers and bloggers and, most of all, enjoyed by moms 

as pregnancy safe paints. We’ve revolutionized how safe and eco-friendly paints 

can be, for mom, baby, everybody. (Exhibit L, www.lullabypaints.com/how-itworks). 

f. Why Lullaby paints? . . . Tested and proven for over 20 years. These products 

are safe. (Exhibit G, brochure). 

Imperial’s ECOS Paints

6. Respondent distributes ECOS Paints directly to consumers through its websites, including 

http://imperialpaintsllc.com/ and http://ecospaints.net/, and through independent retailers. 

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

disseminated advertisements, packaging, and other promotional materials for ECOS Paints to 

consumers, including the attached Exhibits N-Q. These materials contain the following 

statements and depictions:

a. WHAT IS SO DIFFERENT ABOUT ECOS PAINTS? Unlike traditional paints, 

even those labeled as “environmentally friendly”, ECOS Paints are non-toxic and 

have no odor. Developed twenty five years ago with a unique formulation, our 

products were originally designed for people with multiple chemical sensitivities, 

asthma, allergies, and issues with everyday chemicals.

For over two decades, we have provided world class, high quality paints and relief 

from noxious chemicals to discerning individuals around the world. Today our 

customers also include people who are focused on the environment and 

sustainability; healthcare providers; mothers concerned about their baby’s health, 

and companies seeking to protect the health of their employees, guests and 

visitors. Our paints are zero VOC and do not contain harmful solvents that off gas 

into the air. Safer for you, your family and the environment. (Exhibit P, 

www.ecospaints.net/mcs.html.) 

b. Proven Technology

• 25 Years of Successful Use
4 

• Award Winning 

• Tested and Certified.

For twenty five years, ECOS and Air Pure Paints have been sought out by people 

with multiple chemical sensitivities, concerned pregnant mothers, the 

environmentally conscious, corporations committed to sustainability, and the 

general public who care. Now manufactured in the US, these products are 

available for discerning customers who are equally committed to the health of the 

environment. (Exhibit N, Print Ad.) 

Count I 

Unsubstantiated Claims

8. In connection with the advertising, promotion, offering for sale, or sale of Lullaby and ECOS

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

a. Lullaby and ECOS Paints are VOC-free. 

b. Lullaby and ECOS Paints will not emit any chemical or substance, including 

VOCs, that causes material harm to consumers, including sensitive populations 

such as babies, pregnant women, and allergy and asthma sufferers. 

c. Lullaby and ECOS Paints have been tested and proven to be safe. 

9. The representations set forth in Paragraph 8 were not substantiated at the time the 

representations were made. 

Count II

Means and Instrumentalities

10. Respondent has distributed promotional materials, including the statements and depictions 

contained in Exhibits A through Q 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 

11. 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 

SEAL: Secretary