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FTC, mattress producers settle VOC claims

WASHINGTON, D.C. — Under settlements with the Federal Trade Commission, three mattress manufacturers have agreed to stop making unsupported claims that the mattresses they sell are free of harmful volatile organic compounds (VOCs), the FTC said.

In addition to challenging the companies' VOC-free claims, the FTC charged that two of the companies made unsupported claims that their mattresses were chemical-free and lacked odor. The FTC also challenged one company's claim that its mattresses are made from 100% natural materials, and another company's claim that its mattresses were certified by an organic mattress organization.

Responding to the news, Dale Read, president of the Specialty Sleep Assn., issued this statement:

"It has been a long time in coming, but as predicted, the Federal Trade Commission is now looking at and taking enforcement action with the mattress/bedding industry in terms of ‘green' claims. We at the SSA are here to help mattress companies make and back up detailed ‘green' marketing claims."

In settling the FTC's charges, the three companies have agreed not to make similar claims in the future, unless they have competent and reliable scientific evidence to prove they are true. In addition, one company is barred from making misrepresentations about certifications, the FTC said.

VOCs are carbon-containing compounds that easily evaporate at room temperature. Some VOCs can be harmful to human health and the environment, the FTC said.
The FTC's complaint alleged that Relief-Mart, based in Westlake Village, Calif., did not have and rely upon a reasonable basis to substantiate its claims that its Biogreen memory foam mattresses do not contain VOCs, have no VOC off-gassing, and lack the odors commonly associated with memory foam mattresses, the FTC said.

The FTC also alleged that Essentia Natural Memory Foam Co. made unsubstantiated claims that its mattresses do not contain VOCs, are chemical-free, have no chemical off-gassing or odor, and are made from 100% natural materials. Moreover, the complaint alleges that Essentia claimed that tests show that its memory foam is free of VOCs and formaldehyde when, in fact, tests do not support these claims, according to the FTC.

And the FTC alleged that Ecobaby Organics, Inc., based in San Diego, Calif., made unsubstantiated claims that its mattresses are chemical-free, formaldehyde-free, free of VOCs, such as toluene and benzene, and without toxic substances. The complaint further alleged that the company misrepresented that its mattresses are certified by an independent third-party certifier when, in fact, the certifier is an alter ego of the company that awarded its seal to its own products without applying objective standards. Finally, according to the complaint, Ecobaby Organics claimed that tests show that its mattresses are VOC-free, chemical-free, and formaldehyde-free when tests do not support these claims, the FTC said.

The proposed orders bar Relief-Mart, Essentia and Ecobaby from making VOC-free claims unless the VOC level is zero micrograms per cubic meter or the company relies upon competent and reliable scientific evidence that its mattresses contain no more than trace levels of VOCs, based on the guidance in the FTC's Green Guides. The orders also bar environmental benefit or attribute claims, and certain health claims, unless they are true, not misleading, and supported by scientific evidence, the FTC said.

In addition, the Essentia and Ecobaby orders bar the companies from making chemical-free claims, prohibit any misrepresentations about whether the companies have testing to prove the claims about their mattresses, and bar the companies from making non-toxic claims without scientific support. The Relief-Mart and Essentia orders also bar the companies from making certain types of odor claims unless they are true, not misleading, and supported by scientific evidence. The Essentia order also bars the company from making natural claims without scientific support. Finally, the Ecobaby order prohibits the company from making misrepresentations about third-party certifications of its mattresses, the FTC said.

 

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