UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: 

In the Matter of 

ECM BioFilms, Inc., 

Edith Ramirez, Chainvoman 

Julie BriU 

Maureen K Ohlbausen 

Joshua D. Wright 

Terrell McSweeny 

Docket No. 9358 

a corpor~tion, also d/b/a 

Enviroplastics International 

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PUBLIC 

COMPLAINT COUNSEL'S CORRECTION REGARDING 

STATEMENTS MADE DURING ORAL ARGUMENT 

Pursuant to Commission Rule 3.54, Complaint Counsel provides the following very brief 

clarification, necessitated by a complexity in the record that Complaint Counsel did not explain 

in its May 14,2015 presentation. 

During oral argument, Commissioner Ohlhausen asked about the apparently small delta 

between the answers to Dr. Frederick's control questions and his test questions. This small delta 

results from an understandable but incorrect comparison. Comparing the control to the actual 

claim, the delta for consumers who believed plastic containers and bags would decompose within 

five years was truly significant: 35% and 32%, respectively. 1 The delta between the control and 

1 Specifically, 21% of respondents gave a five-year answer for the control about plastic 

containers (30), and 56% gave a five-year answer for the claim (3J). 25% of respondents gave a 

five-year answer for the control about plastic bags (3P), and 57% gave a five-year answer for the 

claim (3K). 
the claim for those who believed plastic containers and bags would decompose within one year 

was 18% and 25%, respectively. 2 

Dr. Frederick asked questions (30) and (3P), which displayed a plastic container and 

plastic bag, respectively, without any claim. These questions should be compared to questions 

(3J) and (3K), which displayed ECM's biodegradable logo on the same product and stated that 

the logo (which was otherwise illegible) read "ECM Biodegradable." The control questions 

should not be compared to questions (3H) and (31), because these questions displayed products 

whose logo was illegible to survey respondents. See Tr. 1151, 1153-54. 

Dated: May 19, 2015 

Respectfully Submitted, 

Is/ Katherine Johnson 

Katherine Johnson 

Elisa Jillson 

Federal Trade Commission 

Bureau of Consumer Protection 

Division ofEnforcement 

600 Pennsylvania Ave., N.W., CC-9528 

Washington, D.C. 20580 

Telephone: (202) 326-2185; -3001 

Facsimile: (202) 326-3259 

Counsel Supporting the Complaint 

2 Specifically, 16% of respondents gave a one-year answer for the control about plastic 

containers (30), and 34% gave a one-year answer for the claim (3J). 13% of respondents gave a 

one-year answer for the control about plastic bags (3P), and 38% gave a one-year answer for the 

claim (3K). 

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CERTIFICATE OF SERVICE 

I hereby certify that on May 19, 2015, I caused a true and correct copy of the foregoing to 

be served as follows: 

One electronic copy, one copy through the FTC's e-filing system, and twelve hard copies to the 

Office of the Secretary: 

DonaldS. Clark, Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Room H-159 

Washington, DC 20580 

Email: secretary@ftc.gov 

One electronic 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 

Emord & Associates, P.C. 

11808 WolfRun Lane 

Clifton, VA 20124 

Email: jemord@emord.com 

Eric J. A werbuch 

Emard & Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: eawerbuch@emord.com 

Peter Arhangelsky 

Emard & Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: parhangelsky@emord.com 

Bethany Kennedy 

Emard & Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: bkennedy@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 19, 2015 

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Is/ Katherine Johnson 

Katherine Johnson (kjohnson3@ftc.gov) 

Elisa Jillson (ejillson@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. CC-9528 

Washington, DC 20580 

Phone: 202-326-2185;-3001 

Fax: 202-326-3197