1623079

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Maureen K. Ohlhausen, Acting Chairman

Terrell McSweeny

________________________________________________

In the Matter of

BENJAMIN MOORE & CO., INC., a corporation.

DOCKET NO. C-

______________________________________________

COMPLAINT

The Federal Trade Commission, having reason to believe that Benjamin Moore & Co.,

Inc., a corporation, 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 Benjamin Moore & Co., Inc. is a New Jersey corporation, with its principal 

office or place of business at 101 Paragon Drive, Montvale, New Jersey 07645.

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

paint products to consumers, including Natura 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.

Benjamin Moore’s Natura Paints

4. Respondent distributes Natura paints through a network of authorized, independent retailers,

as well as through its own stores and website.

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

disseminated advertisements, packaging, and other promotional materials for Natura paints to 

consumers, including the attached Exhibits A-G. These materials include the following 

statements and depictions:

a.

ON SCREEN VOICEOVER

A group of painters enter quietly into a 

room filled with cribs. While a baby 

If you want a paint with no harsh 

fumes; if you want a paint without 
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sleeps in a crib, they begin to paint a 

mural on a wall.

Painters exit and the baby wakes up, 

smiling and standing in the crib.

harmful chemicals; if you want a 

paint that is safer for your family and 

the environment, only this can. 

Natura by Benjamin Moore.

(Exhibit A, Benjamin Moore Natura 30-second advertisement).

(Exhibit A, screenshots from Benjamin Moore Natura 30-second advertisement).
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(Exhibit B, print brochure).
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b.

(Exhibit C, www.benjaminmoore.com/natura).

Benjamin Moore’s Green Promise Seal

6. Respondent distributes paint products bearing the “Green Promise” seal, including Natura 

paints. These products contain the following depictions:

a.

(Exhibit D, www.benjaminmoore.com).
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b.

(Exhibit E, Natura paint can label).

Count I

Unsubstantiated Claims

7. In connection with the advertising, promotion, offering for sale, or sale of Natura paints, 

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

a. Natura paints are emission-free.

b. Natura paints are emission-free during or immediately after painting.

c. Natura paints will not emit any chemical or substance, including VOCs, that 

causes material harm to consumers, including sensitive populations such as 

babies, asthmatics, and allergy sufferers.

d. Natura paints 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, asthmatics, and allergy sufferers.

8. The representations set forth in Paragraph 7 were not substantiated at the time the 

representations were made.

Count II

Deceptive Failure to Disclose—Material Connection with Green Promise

9. In connection with the advertising, promotion, offering for sale, or sale of its paints, such as 

through the use of its Green Promise seal, Respondent has represented, directly or indirectly, 

expressly or by implication, that these paints have been endorsed or certified by an 

independent third party.
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10. Respondent has failed to disclose or adequately disclose that Respondent has a material 

connection to Green Promise, such as the fact the Green Promise seal is Respondent’s own 

designation. This fact would be material to consumers in their purchase or use decisions 

regarding Respondent’s paints. 

11. Respondent’s failure to disclose or adequately disclose the material information described in 

Paragraph 10, in light of the representation set forth in Paragraph 9, is a deceptive act or 

practice.

Count III

Means and Instrumentalities

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

contained in Exhibits A through G to independent distributors and 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

13. 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 _______, 2017, has 

issued this Complaint against Respondent.

By the Commission.

Donald S. Clark

Secretary

SEAL: