Analysis of Proposed Consent Order to Aid Public Comment

In the Matter of Benjamin Moore & Co., Inc., File No. 1623079

The Federal Trade Commission (“FTC” or “Commission”) has accepted, subject to final

approval, an agreement containing a consent order from Benjamin Moore & Co., Inc. 

(“respondent”).

The proposed consent order has been placed on the public record for thirty (30) days for

receipt of comments by interested persons. Comments received during this period will become

part of the public record. After thirty (30) days, the Commission will again review the

agreement and the comments received, and will decide whether it should withdraw from the

agreement or make final the agreement’s proposed order.

This matter involves respondent’s marketing, sale, and distribution of purportedly 

“emission-free” paints. Emission is any compound emitted from paint during application or 

thereafter and includes volatile organic compounds (or VOCs). According to the FTC 

complaint, respondent made unsubstantiated representations that Natura paints: (1) are emissionfree; (2) are emission-free during or immediately after painting; (3) will not emit any chemical or 

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

populations such as babies and allergy and asthma sufferers; and (4) 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 and allergy and asthma sufferers. The 

FTC also alleges that respondent used its Green Promise seal without adequately disclosing that 

respondent awarded the seal to its own product. Consumers likely interpret such seals as a claim 

that an independent third party certified the product. The FTC further alleges that respondent 

provided independent retailers with promotional materials containing the same claims it made to 

consumers. Thus, the complaint alleges that respondent engaged in deceptive practices in 

violation of Section 5(a) of the FTC Act.

The proposed consent order contains five provisions designed to prevent respondent from 

engaging in similar acts and practices in the future. Part I prohibits emission-free and VOC-free 

claims unless both content and emission are actually zero or at trace levels. The orders define 

“emission” to include all emissions (not just VOCs that cause smog). This definition reflects the 

Commission’s Enforcement Policy Statement and consumer expectations: consumers are likely 

concerned about the potential health effects from exposure to chemical emissions found in 

indoor air, not just VOCs that affect outdoor air quality. The order defines “trace level of 

emission” to mean (1) no intentionally added VOC, (2) emission of the covered product does not 

cause material harm that consumers typically associate with emission, including harm to the 

environment or human health, and (3) emission of the covered product does not result in more 

than harmless concentrations of any compound higher than would be found under normal 

conditions in the typical residential home without interior architectural coating. Part II prohibits 

misleading representations regarding emission, VOC levels, odor, and any general environmental 

and health benefit of paints. The order requires competent and reliable scientific evidence to 

substantiate these representations. Parts IV and V prohibit respondent from misrepresenting 

third-party certifications and failing to adequately disclose a material connection. Part VI 

prohibits respondent from providing third parties with the means and instrumentalities to make 
false, unsubstantiated, or otherwise misleading representations of material fact regarding paints,

including any representation prohibited by Parts I, II, IV or V. 

To correct allegedly existing unsubstantiated zero emission and VOC claims and 

deceptive certification claims, Part III requires the respondent to send letters to its dealers and 

distributors, instructing them to place placards next to paint cans and at point of sale.

Parts VII through XI are reporting and compliance provisions. Part VII mandates that 

respondent acknowledge receipt of the order, distribute the order to certain employees and 

agents, and secure acknowledgments from recipients of the order. Part VIII requires that 

respondent submit compliance reports to the FTC within sixty (60) days of the order’s issuance 

and submit additional reports when certain events occur. Part IX requires that respondent must 

create and retain certain records for five (5) years. Part X provides for the FTC’s continued 

compliance monitoring of respondent’s activity during the order’s effective dates. Part XI is a 

provision “sunsetting” the order after twenty (20) years, with certain exceptions.

If the Commission finalizes the agreement’s proposed order, it plans to propose 

harmonizing with this order the consent orders issued in the PPG Architectural Finishes, Inc. 

(Docket No. C-4385) and The Sherwin-Williams Company (Docket No. C-4386) 

matters. Specifically, the Commission plans to issue orders to show cause why those matters 

should not be modified pursuant to Section 3.72(b) of the Commission Rules of Practice, 16 

C.F.R. § 3.72(b).

The purpose of the analysis is to aid public comment on the proposed order. It is not 

intended to constitute an official interpretation of the proposed order or to modify its terms in 

any way.