Facts

The Federal Trade Commission filed a complaint against Down to Earth Designs Inc. dba gDiapers. gDiapers manufactured and offered for sale baby products, including a diaper system consisting of a reusable outer shell and an inner disposable, called gRefills, or reusable cloth insert, as well as moist wipes for use on babies.

COMPLAINANT'S CONTENTIONS:
The FTC contended that gDiapers advertised its products as, among others, "biodegradable" when its products were not biodegradable in a landfill, the most common method of disposal, and the qualifiers made by gDiapers were not clear, conspicuous or proximate to the claim. As such, the FTC alleged that the gDiapers misled the consumers into believing that the products were, among others, biodegradable, "certified" biodegradable, or that its gDiapers were plastic free when they were not. The FTC also contended that gDiapers made unsubstantiated claims regarding its products. Moreover, gDiapers failed to disclose that its products were not as advertised. The FTC claimed gDiapers made false and misleading advertising constituting deceptive acts or practices in violation of the Federal Trade Commission Act.

DEFENDANT'S CONTENTIONS:
gDiapers denied any wrongdoing.

Result

The parties agreed to enter into a consent order through which gDiapers agreed not to advertise its product as biodegradable unless the entire product is completely biodegradable in a landfill within one year, or the representation clearly identifies certain qualifications. gDiapers also agreed not to make any representations about its product unless it possesses or relies on competent and reliable scientific evidence that supports its representations.

Other Information

COMMISSIONERS: FTC Chairwoman Edith Ramirez, and Julie Brill, Maureen K. Ohlhausen, Joshua D. Wright