In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International 

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Docket No. 9358 

PUBLIC DOCUMENT 

COMPLAINT COUNSEL'S CLARIFICATION REGARDING RESPONDENT'S 

SANCTIONS MOTION 

In Complaint Counsel's Opposition to Respondent's sanctions motion, we submitted a 

declaration stating, in material part, that "Complaint Counsel received the article [published in 

POLYMER DEGRADATION & STABILITY] well after business hours on Friday, February 14, 2014, 

at approximately 8:00p.m." J. Cohen Dec. , 6 (Mar. 10, 2013). This is accurate. 

Additionally, the declaration also provides that "Complaint Counsel has not 

communicated in any way with Frederick Michel, Eddie Gomez, OARDC [Ohio State 

Agricultural Research & Development Center], or anyone at Ohio State." Id at~ 7. This is also 

accurate. 

Out of an abundance of caution, however, Complaint Counsel brings to the Court's 

attention that yesterday, we learned that two FTC attorneys (not representing Complaint 

Counsel) worked with Michel as a consulting expert on unrelated matters involving 

biodegradability claims other companies asserted. 1 In the course of evaluating Michel's 

credentials, these attorneys received a draft of the article ultimately published. Complaint 

Counsel never had any knowledge regarding Michel's engagemen~ (or the draft article) until 

yesterday. Additionally, as our Opposition explains, Complaint Counsel bad no knowledge 

regarding the article itself before Friday evening, February 14. 

1 One of the two attorneys was involved in the pre-Complaint investigation of 

Respondent, but departed the agency approximately eight months before the Complaint was 

filed. 
PUBLIC DOCUMENT 

We arereviev.ring our prior discovery responses expeditiously to ascertain whether 

Complaint Counsel should amend or supplement them. 

Dated: March 13,2014 

2 

Kath · e son (kjohnson3@ftc.gov) 

Jo th ohen Gcohen2@ftc.gov) 

· illson ( ejillson@ftc. gov) 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. M-8102B 

Washington, DC 20580 

Phone: 202-326-2185; -2551; -3001 

Fax: 202-326-2551 

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PUBLIC DOCUMENT 

CERTIFICATE OF SERVICE 

I hereby certify that on March 13,2014, I caused a true and correct copy of the foregoing 

to be served as follows: 

One copy through the FTC's efiling system and one electronic courtesy copy 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 and one and one paper courtesy 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 Wolf Run Lane 

Clifton, VA 20124 

Email: jemord@emord.com 

Lou Caputo 

Emord & Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: lcaputo@emord.com 

Peter Arhangelsky 

Emord & Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: parhangelsky@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 · · ator. 

Date: March 13,2014 

3 

Kath · e Johnson (kjohnson3@ftc.gov) 

J an Cohen (jcohen2@ftc.gov) 

·sa Jillson (ejillson@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. M-810213 

Washington, DC 20580 · 

Phone: 202-326-2185; -2551; -3001 

Fax: 202-326-2551