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152 3268

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairwoman

Maureen K. Ohlhausen

Terrell McSweeny

________________________________________________

In the Matter of

THE ERICKSON MARKETING GROUP INC., DOCKET NO. C-4583

a corporation, d/b/a ROCKY MOUNTAIN

SUNSCREEN.

________________________________________________

DECISION AND ORDER

The Federal Trade Commission (“Commission”) having initiated an investigation of 

certain acts and practices of the respondent named in the caption hereof, and the respondent 

having been furnished thereafter with a copy of a draft complaint that the Bureau of Consumer 

Protection proposed to present to the Commission for its consideration and which, if issued by 

the Commission, would charge the respondent with violation of the Federal Trade Commission 

Act, 15 U.S.C § 45 et seq.; and

The respondent and counsel for the Commission having thereafter executed an agreement 

containing a consent order (“consent agreement”), a statement that respondent neither admits nor 

denies any of the allegations in the draft complaint except as specifically stated in the consent 

agreement, an admission by the respondent of facts necessary to establish jurisdiction for 

purposes of this action, and waivers and other provisions as required by the Commission’s Rules;

and

The Commission having thereafter considered the matter and having determined that it 

has reason to believe that the respondent has violated the Federal Trade Commission Act, and 

that a complaint should issue stating its charges in that respect, and having thereupon accepted 

the executed consent agreement and placed such consent agreement on the public record for a 

period of thirty (30) days, and having duly considered the comments filed thereafter by interested 

persons pursuant to Commission Rule 2.34, 16 C.F.R. § 2.34, now in further conformity with the 
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procedure prescribed in Commission Rule 2.34, the Commission hereby issues its complaint, 

makes the following jurisdictional findings and enters the following order:

1. Respondent The Erickson Marketing Group Inc., also doing business as Rocky Mountain 

Sunscreen, is a Colorado corporation with its principal office or place of business at 14700 W. 

66th Place, Suite 2, Arvada, Colorado 80004.

2. The Commission has jurisdiction over the subject matter of this proceeding and over the 

respondent, and the proceeding is in the public interest.

ORDER

DEFINITIONS

For purposes of this order, the following definitions shall apply:

1. Unless otherwise specified, “respondent” shall mean The Erickson Marketing Group

Inc., a corporation, also doing business as Rocky Mountain Sunscreen, its successors 

and assigns, and its officers, agents, representatives, and employees. 

2. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission 

Act, 15 U.S.C. § 44.

I.

IT IS ORDERED that respondent, directly or through any corporation, subsidiary, 

division, or other device, in connection with the manufacturing, labeling, advertising, promotion, 

offering for sale, sale, or distribution of any product must not make any representation, expressly 

or by implication, including through the use of a product name, trademark, or trade name, about:

A. whether such product is all natural or 100% natural;

B. the extent to which such product contains any natural or synthetic ingredient or 

component;

C. the ingredients or composition of such product; or

D. the environmental or health benefits of such product, 

unless the representation is non-misleading, including that, at the time such representation is 

made, the respondent possesses and relies upon competent and reliable evidence, which when 

appropriate based on the expertise of professionals in the relevant area must be competent and 

reliable scientific evidence, that is sufficient in quality and quantity based on standards generally 
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accepted in the relevant fields when considered in light of the entire body of relevant and reliable 

evidence, to substantiate that the representation is true. For the purposes of this Provision:

1. “competent and reliable evidence” means tests, analyses, research, studies, or 

other evidence based on the expertise of professionals in the relevant area, that 

have been conducted and evaluated in an objective manner by qualified persons, 

using procedures generally accepted in the profession to yield accurate and 

reliable results; and

2. “competent and reliable scientific evidence” means tests, analyses, research, or 

studies that have been conducted and evaluated in an objective manner by 

qualified persons, using procedures generally accepted in the profession to yield 

accurate and reliable results.

II.

IT IS FURTHER ORDERED that respondent The Erickson Marketing Group Inc., and 

its successors and assigns, shall, for five (5) years after the last date of dissemination of any 

representation covered by this order, maintain and upon request make available to the Federal 

Trade Commission for inspection and copying:

A. All advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and

C. All tests, reports, studies, surveys, demonstrations, or other evidence in its

possession or control that contradict, qualify, or call into question the 

representation, or the basis relied upon for the representation, including 

complaints and other communications with consumers or with governmental or 

consumer protection organizations.

III.

IT IS FURTHER ORDERED that respondent The Erickson Marketing Group Inc., and 

its successors and assigns, shall deliver a copy of this order to all current and future principals, 

officers, directors, and managers, and to all current and future employees, agents, and 

representatives having responsibilities with respect to the subject matter of this order, and shall 

secure from each such person a signed and dated statement acknowledging receipt of the order. 

Respondent shall deliver this order to current personnel within thirty (30) days after the date of 

service of this order, and to future personnel within thirty (30) days after the person assumes 

such position or responsibilities. Respondent must maintain and upon request make available to 

the Federal Trade Commission for inspection and copying all acknowledgments of receipt of this 

order obtained pursuant to this Part.
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IV.

IT IS FURTHER ORDERED that respondent The Erickson Marketing Group Inc., and 

its successors and assigns, shall notify the Commission at least thirty (30) days prior to any 

change in the corporation that may affect compliance obligations arising under this order, 

including but not limited to a dissolution, assignment, sale, merger, or other action that would 

result in the emergence of a successor corporation; the creation or dissolution of a subsidiary, 

parent, or affiliate that engages in any acts or practices subject to this order; the proposed filing 

of a bankruptcy petition; or a change in the corporate name or address. Provided, however, that, 

with respect to any proposed change in the corporation about which respondent learns less than 

thirty (30) days prior to the date such action is to take place, respondent shall notify the 

Commission as soon as is practicable after obtaining such knowledge. Unless otherwise directed 

by a representative of the Commission in writing, all notices required by this Part shall be 

emailed to Debrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: 

Associate Director for Enforcement, Bureau of Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. The subject line must 

begin: In re The Erickson Marketing Group Inc., Docket No. C-4583. 

V.

IT IS FURTHER ORDERED that Respondent The Erickson Marketing Group Inc., and 

its successors and assigns, within sixty (60) days after the date of service of this order, shall file 

with the Commission a true and accurate report, in writing, setting forth in detail the manner and 

form of its own compliance with this order. Within ten (10) days of receipt of written notice 

from a representative of the Commission, it shall submit additional true and accurate written 

reports.

VI.

This order shall terminate on July 6, 2036, or twenty (20) years from the most recent date 

that the United States or the Federal Trade Commission files a complaint (with or without an 

accompanying consent decree) in federal court alleging any violation of the order, whichever 

comes later; provided, however, that the filing of such a complaint will not affect the duration of:

A. Any Part in this order that terminates in less than twenty (20) years;

B. This order’s application to any respondent that is not named as a defendant in 

such complaint; and

C. This order if such complaint is filed after the order has terminated pursuant to this 

Part.

Provided, further, that if such complaint is dismissed or a federal court rules that the respondent 

did not violate any provision of the order, and the dismissal or ruling is either not appealed or 

upheld on appeal, then the order will terminate according to this Part as though the complaint 
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had never been filed, except that the order will not terminate between the date such complaint is 

filed and the later of the deadline for appealing such dismissal or ruling and the date such 

dismissal or ruling is upheld on appeal.

By the Commission.

Donald S. Clark

Secretary

SEAL:

ISSUED: July 6, 2016