Keyes, Fibre Company

Volume 118 · 118 F.T.C. 150

Citation: 118 F.T.C. 150
Docket: C-3512
Complaint: 1994-08-02
Decision: 1994-08-02
Document type: consent order
Case type: consumer protection
Statutes: FTC Act (section 5)
Industry: disposable tableware manufacturing
Outcome: consent order entered
Relief: cease_and_desist; recordkeeping; compliance_reporting; notice_to_customers
Order term (years): 5
Commission counsel: Michael Dershowitz
Respondent counsel: William L. Patton and Lisa Ropple, Ropes & Gray, Boston, MA
Source: Original volume PDF
Original PDF: This decision as a PDF

deceptive advertising environmental claims product labeling

Cite this decision

Keyes, Fibre Company, 118 F.T.C. 150 (1994). Consumer Law Library, https://consumerlawlibrary.org/decisions/v118-0011

Report an error in this record (decision id v118-0011)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

Text (OCR of the scan at left; may contain errors)

Complaint 118 F.T.C.

IN THE MATTER OF

KEYES FIBRE COMPANY

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT

Docket C-3512. Complaint, Aug. 2, 1994--Decision, Aug. 2, 1994

This consent order prohibits, among other things, a Connecticut-based company, that manufactures Chinet disposable tableware, from representing that any of its paper products or packages are degradable, biodegradable, or photodegradable, or offers any environmental benefits when disposed of in a sanitary landfill, unless the respondent possesses competent and reliable scientific evidence to substantiate such representation. In addition, the consent order prohibits the respondent from misrepresenting the extent to which any paper product or package is capable of being recycled or the extent to which recycling collection programs are available.

Appearances

For the Commission: Michael Dershowitz. For the respondent: William L. Patton and Lisa Ropple, Ropes & Gray, Boston, MA.

COMPLAINT

The Federal Trade Commission, having reason to believe that Keyes Fibre Company, a corporation ("respondent"), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

PARAGRAPH 1. Respondent Keyes Fibre Company ("Keyes Fibre"), is a Delaware corporation with its principal office or place of business at 301 Merritt 7, Norwalk, Connecticut. PAR. 2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed disposable paper tableware products, including Chinet® disposable tableware, and other products to the public. PAR. 3. The acts and practice 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.

KEYES FIBRE COMPANY 150 Complaint

PAR. 4. Respondent has disseminated or has caused to be disseminated advertisements, including product labeling and other promotional materials, for its Chinet® disposable tableware, including but not necessarily limited to the attached Exhibits A - H.

The aforesaid product labeling (Exhibit A) includes the following statement:

BIODEGRADABLE

The aforesaid product labeling (Exhibit B) includes the following statement:

100% BIODEGRADABLE

The aforesaid promotional material (Exhibit C) includes the following statement:

ECOLOGICALLY SOUND.

Chinet® is 100% biodegradable in landfill operations . . .

The aforesaid promotional material (Exhibit D) includes the following statements:

Biodegradable

. . . While not everyone is in agreement with regard to solid waste management, most concur that a solution can be found in the combined use of landfills, recycling/composting and waste-to-energy incineration. Concerned consumers can feel confident that Chinet® paper plates perform in whatever disposal method is used in their community.

The aforesaid promotional material (Exhibit E) includes the following statements:

Protecting the Environment

. . . Chinet® is . . . fully biodegradable . . . . And . . . it degrades much faster than most ordinary paper plates.

In a 12-week soil-burial study, an independent research firm tested Chinet® against seven other types of paper and plastic plates. Products were labeled and buried in open mesh bags in an environment simulating a landfill. Every two weeks, they were unearthed and examined for signs of deterioration.

Complaint 118 F.T.C.

Chinet® plates reached an advanced state of decomposition in just two weeks. The other plastic and foam plates showed almost no signs of deterioration after 12 weeks.

The aforesaid promotional material (Exhibit F) includes the following statements:

Unlike foam and plastic alternatives, our molded fiber paper products are biodegradable and can be safely and efficiently disposed of in virtually any method of solid waste management, including waste-to-energy incineration and municipal composting.

Regardless of what it is used for, molded fiber paper is the responsible alternative to foam and plastic. It offers a viable solution to today’s methods of solid waste disposal.

We have commissioned independent studies which compare the biodegradability of molded fiber paper, laminated paper, plastic and polystyrene foam. The studies show that Keyes molded fiber paper products biodegrade faster than any of the other materials. In fact, the [Chinet®] molded fiber paper almost completely decomposed in two weeks, while plastic and foam products remained intact indefinitely.

The aforesaid promotional material (Exhibit G) includes the following statements:

WE CARE ABOUT THE ENVIRONMENT That’s why we use biodegradable tableware.

Chinet® makes food look good and its biodegradability is a good step in controlling solid waste volume.

It also contains a three chasing arrow symbol with the words “RECYCLE” and “BIODEGRADABLE” around it.

The aforesaid promotional material (Exhibit H) includes the following statements:

Chinet® disposable tableware, the environmentally sound line of molded paper products (they’re biodegradable, made from recycled paper, and are recyclable, especially via municipal composting) . . . .

Look for products that are biodegradable. Contrary to claims that biodegradability isn’t important, it will be a key attribute as more cities turn to composting of solid waste as an alternative to landfills. Municipal composting works with biodegradable material only.

. . . it’s biodegradable and recyclable, especially via composting.

And don’t forget that biodegradable products are recyclable via municipal composting.

KEYES FIBRE COMPANY 153

150 Complaint

PAR. 5. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisements attached as Exhibits A - H, respondent has represented, directly or by implication, that:

A. Chinet® disposable tableware will completely break down and return to nature -- i.e., decompose into elements found in nature -- within a reasonably short period of time after customary disposal. B. Chinet® disposable tableware offers a significant environmental benefit after customary disposal.

PAR. 6. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisement attached as Exhibit G, respondent has represented, directly or by implication, that Chinet disposable tableware will completely break down and return to nature -- i.e., compose into elements found in nature -- within a short enough period of time after customary disposal to significantly reduce the amount of garbage in landfills.

PAR. 7. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisements attached as Exhibits E and F, respondent has represented, directly or by implication, that after customary disposal Chinet® disposable tableware will completely break down and return to nature -- i.e., decompose into elements found in nature significantly faster than other paper plates, or plastic or foam products, to provide a significant environmental benefit.

PAR. 8. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisements attached as Exhibits A - H, respondent has represented, directly or by implication, that at the time it made the representations set forth in paragraphs five, six and seven, respondent possessed and relied upon a reasonable basis that substantiated such representations.

PAR. 9. In truth and in fact, at the time it made the representations set forth in paragraphs five, six and seven, respondent did not possess and rely upon a reasonable basis that substantiated such representations. Therefore, the representation set forth in paragraph ten was, and is, false and misleading.

PAR. 10. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisements attached as Exhibits F and

Complaint 118 F.T.C.

H, respondent has represented, directly or by implication, that Chinet® disposable tableware is compostable through municipal solid waste composting.

PAR. 11. In truth and in fact, while Chinet® disposable tableware is capable of being composted in municipal solid waste composting facilities, the vast majority of consumers cannot compost the product through municipal solid waste composting because there are only a few municipal solid waste composting facilities nationwide. Therefore, the representation set forth in paragraph ten was, and is, false and misleading.

PAR. 12. Through the use of the statements and depictions contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisements attached as Exhibits G and H, respondent has represented, directly or by implication, that Chinet® disposable tableware is recyclable after ordinary use.

PAR. 13. In truth and in fact, while Chinet® disposable tableware is capable of being recycled, the vast majority of consumers cannot recycle the product because there are virtually no collection facilities that accept used Chinet® disposable tableware for recycling. Therefore, the representation set forth in paragraph twelve was, and is, false and misleading.

PAR. 14. Through the use of the statements and depictions contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisements attached as Exhibits F - H, respondent has represented, directly or by implication, that at the time it made the representations set forth in paragraphs ten and twelve, respondent possessed and relied upon a reasonable basis that substantiated such representations.

PAR. 15. In truth and in fact, at the time it made the representations set forth in paragraphs ten and twelve, respondent did not possess and rely upon a reasonable basis that substantiated such representations. Therefore, the representation set forth in paragraph fourteen was, and is, false and misleading.

PAR. 16. 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.

KEYES FIBRE COMPANY Complaint EXHIBIT A Purity 9223045 B158142 BIODEGRADABLE·MICROWAVABLE Chinet THE NEXT BEST THING TO CHINA MADE FROM RECYCLED PAPER • NO LEAKS • NO DRIPS • NO DISASTERS 0 37700 32214 0 25-8¾ IN.

[illegible] DISPOSABLE LUNCH PLATE KEYES FIBRE COMPANY, NORWALK, CONN. Exhibit A

Complaint 118 F.T.C.

EXHIBIT B

[The following text is transcribed from the product label images:]

MICROWAVE SAFE Chinet ENVIRONMENTAL PLATES 100% BIODEGRADABLE [illegible] NO [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [il

KEYES FIBRE COMPANY

Complaint

EXHIBIT C

ROYAL Chinet® DISPOSABLE TABLEWARE

WHAT'S SO GOOD ABOUT IT? ==================================================

• RIGID. As strong as any disposable plate on the market, and stronger than most. Rigid enough for any food service application.

• ANTI-LEAK PROTECTION. Resists penetration from grease, water and oil; even 350° french fry oil!

• MICROWAVE SAFE. Try to fry bacon in a microwave on a styrene plate. Good luck! But, Chinet® is completely microwave safe.

• WHITER THAN EVER. Chinet® has a "china-like" appearance. As "white" as any plastic.

• TWO STOCK PRINT DESIGNS, at no extra cost! Our Value Enhancer designs are functional too.

• DEEP DISH DESIGN for ease in serving entrees on Chinet® plate, and keeping them there.

• MATTE FINISH. Sauces and gravies "cling" better to a Chinet® plate, instead of "beading up" on the slick surface of plastic.

• VERSATILITY. Chinet® comes in every possible shape and size for any possible function. This versatility aids portion control planning.

• ECOLOGICALLY SOUND. Chinet® is 100% biodegradable in landfill operations, and burns clean, without polluting, when incinerated. And, it's made from a renewable resource!

WHAT'S SO GOOD ABOUT CHINET®? PLENTY

FS-89-05 Exhibit C 00231

Complaint 118 F.T.C.

EXHIBIT D

Just how beneficial are we?

Made from Recycled Paper

• The manufacturing process of Chinet® molded paper plates recycles approximately 35,000 tons of paper per year.

• Every ton of paper recycled can save 17 trees and conserve related energy costs in processing to pulp.

• Recycling also reduces the amount of solid waste going into landfills.

Biodegradable

bio-de-grad-able: Readily decomposed by bacterial action.

• Biodegradability is an integral part of composting technology - a fast-emerging, solid waste recycling method.

• Chinet® paper plates are the ideal choice as they do not have a plastic or wax coating that may interfere with decomposition.

While not everyone is in agreement with regard to solid waste management, most concur that a solution can be found in the combined use of landfills, recycling/composting and waste-to-energy incineration. Concerned consumers can feel confident that Chinet® paper plates perform in whatever disposal method is used in their community.

The Original Molded Paper Plate

Exhibit D

00913

KEYES FIBRE COMPANY Complaint EXHIBIT E

Chinet Quality from Start to Finish

[illegible text in image] Protecting the Environment

It's been called the "greening" of America: growing concern among consumers about the environmental impact of every product they buy. From plastics to paper, and from Maine to Maui, consumers are increasingly looking at biodegradability as an important factor in their buying decisions.

Chinet is the strongest disposable plate money can buy and completely biodegradable. In fact, Chinet is one of the few fully biodegradable lines. And despite it's remarkable strength, it degrades much faster than most ordinary paper plates.

In a 12-week soil-burial study, an independent research firm tested Chinet against seven other types of paper and plastic plates. Products were labeled and buried in open mesh bags in an environment simulating a landfill. Every two weeks, they were unearthed and examined for signs of deterioration.

Chinet plates reached an advanced state of decomposition in just two weeks. The other plastic and foam plates showed almost no signs of deterioration after 12 weeks.

In a recent nationwide survey conducted by the Michael Peters Group, 89% of American consumers are concerned about the environmental impact of products purchased, and 78% said they're willing to pay more for recyclable or biodegradable packaging.

Chinet doesn't just keep the kitchen clean - it keeps the environment clean. For a growing number of environmentally conscious consumers, that's one more reason to buy Chinet.

Chinet plate before burial Chinet plate after 12 weeks

[illegible text at bottom]

The image has been rotated 90 degrees clockwise.The text reads: Complaint 118 F.T.C.

EXHIBIT F [illegible text block] Exhibit F DARING GREEN FOR OVER 45 YEARS [illegible text block] Exhibit 6 [illegible text block] Exhibit 7 [illegible text block] Exhibit 8 [illegible text block] 001575

The image has been rotated 90 degrees clockwise.The text reads: # KEYES FIBRE COMPANY

Complaint

# EXHIBIT F

[Text block 1] Pursuant to the provisions of an Act of Congress approved July 2, 1890, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", and the Acts amendatory thereof and supplementary thereto;

And pursuant to the provisions of an Act of Congress approved October 15, 1914, entitled "An Act to supplement existing laws against unlawful restraints and monopolies and for other purposes";

And pursuant to the provisions of an Act of Congress approved June 19, 1936, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", and the Acts amendatory thereof and supplementary thereto;

The United States of America, by Hugh B. Cox, United States Attorney for the District of Columbia, acting under the direction of the Attorney General of the United States, brings this suit against the defendants above named and complains and alleges:

1. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the manufacture, sale and distribution of "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

2. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

3. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 2] 4. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

5. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

6. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

7. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

8. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

9. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

10. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 3] 11. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

12. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

13. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

14. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

15. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

16. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

17. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

18. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 4] 19. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

20. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

21. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

22. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

23. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

24. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

25. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

26. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

27. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

28. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 5] 29. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

30. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

31. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

32. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

33. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

34. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

35. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

36. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

37. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

38. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 6] 39. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

40. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

41. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

42. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

43. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

44. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

45. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

46. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

47. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

48. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 7] 49. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

50. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

51. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

52. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

53. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

54. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

55. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

56. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

57. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

58. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 8] 59. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

60. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

61. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

62. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

63. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

64. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

65. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

66. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

67. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

68. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 9] 69. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

70. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

71. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

72. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

73. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

74. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

75. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

76. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

77. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

78. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 10] 79. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

80. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

81. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

82. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

83. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

84. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

85. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

86. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

87. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

88. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 11] 89. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

90. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

91. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

92. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

93. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

94. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

95. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

96. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

97. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

98. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 12] 99. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

100. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

101. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

102. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

103. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

104. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

105. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

106. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

107. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

108. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 13] 109. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

110. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

111. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

112. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

113. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

114. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

115. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

116. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

117. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

118. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

[Text block 14] 119. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

120. The defendants named herein are, and at all times hereinafter mentioned have been, engaged in the business of manufacturing, selling and distributing "hardboard" and "insulation board" in the District of Columbia and in the several States of the United States, and are now and have been engaged in interstate commerce.

121. The defendants named herein are, and at

Complaint 118 F.T.C.

EXHIBIT G (FRONT)

WE CARE ABOUT THE ENVIRONMENT That's why we use biodegradable tableware.

Royal Chinet Exhibit G (front) 00215

KEYES FIBRE COMPANY Complaint EXHIBIT G (BACK)

Free Poster:

Congratulations. You're using disposable tableware made from recycled paper fibers. That makes these plates, platters or bowls biodegradable. Something more and more of your environmentally conscious customers will appreciate.

We're offering free posters to let them know what you're doing. They'll also like the way Chinet tableware looks and handles. You'll like it because all Chinet items are microwave safe and resist oil, water and grease penetration.

Chinet makes food look good and its biodegradability is a good step in controlling solid waste volume.

ROYAL Chinet® Biodegradable disposable tableware made from molded fiber.

To order posters 16" x 20" fill out the form below and mail to: Keyes Fibre Company 301 Merritt 7, P.O. Box 5317 Norwalk, CT 06856 Attention: Anne Smith

Please send me _______________ Chinet posters. quantity

Mail to: __________________________________________________ __________________________________________________________ __________________________________________________________ Include street address only, no P.O. Boxes

Exhibit G (back)

. 0021 }

Complaint

EXHIBIT H

K I T C H E N C R E E N T I P S

What is your present occupation? ______ What is your marital status? ______ How many persons reside in your household? ______ What was your total family income last year? ______ - 25,000 - 15,000 - 8,000 - 4,000 - 2,000 What is your age group? - Under 20 - 20-29 - 30-39 - 40-49 - 50-59 - 60 and over How many years of school did you complete? - Grammar school - Some high school - High school graduate - Some college - College graduate - Post graduate Do you own or rent your home? - Own - Rent If you own, what is its approximate value? - Under $10,000 - $10,000-$14,999 - $15,000-$19,999 - $20,000-$24,999 - $25,000-$29,999 - $30,000-$39,999 - $40,000 and over If you rent, what is your approximate monthly rental? - Under $100 - $100-$149 - $150-$199 - $200-$249 - $250-$299 - $300 and over What is the occupation of the head of the household? - Professional - Managerial - Clerical - Sales - Craftsman - Foreman - Operative - Service - Laborer - Farmer Are you:

- White - Black - Oriental - Spanish American - American Indian - Other

KITCHEN CABINETS

1. Do you have any kitchen cabinets in your home? Yes ______ No ______ 2. How many kitchen cabinets do you have in your home? 1 ______ 2 ______ 3 ______ 4 ______ 5 ______ 6 ______ 7 ______ 8 ______ 9 ______ 10 ______ 3. What is the brand name of your kitchen cabinets? Brand name ______ 4. How satisfied are you with your present kitchen cabinets? - Very satisfied - Satisfied - Neither satisfied nor dissatisfied - Dissatisfied - Very dissatisfied 5. How long have you had your present kitchen cabinets? - Less than 1 year - 1-2 years - 3-5 years - 6-10 years - 11-15 years - 16-20 years - Over 20 years 6. Are you planning to buy new kitchen cabinets within the next 12 months? - Yes - No - Undecided 7. If you are planning to buy new kitchen cabinets, what is the main reason? - Present cabinets are worn out - Present cabinets are outdated - Present cabinets are inadequate - Moving to a new home - Other (specify) ______ 8. If you are planning to buy new kitchen cabinets, what is the approximate amount you expect to pay? - Under $500 - $500-$999 - $1,000-$1,499 - $1,500-$1,999 - $2,000-$2,999 - $3,000-$4,999 - $5,000 and over 9. If you are planning to buy new kitchen cabinets, where do you expect to buy them? - Lumber company - Building supply dealer - Department store - Discount store - Kitchen cabinet specialty store - Direct from manufacturer - Other (specify) ______ 10. If you are planning to buy new kitchen cabinets, do you expect to install them yourself? - Yes - No - Undecided

KITCHEN SINKS

1. Do you have a kitchen sink in your home? Yes ______ No ______ 2. How many kitchen sinks do you have in your home? 1 ______ 2 ______ 3 ______ 4 ______ 3. What is the brand name of your kitchen sink? Brand name ______ 4. What is the material of your present kitchen sink? - Stainless steel - Enameled cast iron - Enameled steel - Porcelain - Plastic - Other (specify) ______ 5. How satisfied are you with your present kitchen sink? - Very satisfied - Satisfied - Neither satisfied nor dissatisfied - Dissatisfied - Very dissatisfied 6. How long have you had your present kitchen sink? - Less than 1 year - 1-2 years - 3-5 years - 6-10 years - 11-15 years - 16-20 years - Over 20 years 7. Are you planning to buy a new kitchen sink within the next 12 months? - Yes - No - Undecided 8. If you are planning to buy a new kitchen sink, what is the main reason? - Present sink is worn out - Present sink is outdated - Present sink is inadequate - Moving to a new home - Other (specify) ______ 9. If you are planning to buy a new kitchen sink, what is the approximate amount you expect to pay? - Under $50 - $50-$99 - $100-$149 - $150-$199 - $200-$299 - $300-$399 - $400 and over 10. If you are planning to buy a new kitchen sink, where do you expect to buy it? - Lumber company - Building supply dealer - Department store - Discount store - Kitchen cabinet specialty store - Direct from manufacturer - Other (specify) ______ 11. If you are planning to buy a new kitchen sink, do you expect to install it yourself? - Yes - No - Undecided

KITCHEN FAUCETS

1. Do you have a kitchen faucet in your home? Yes ______ No ______ 2. How many kitchen faucets do you have in your home? 1 ______ 2 ______ 3 ______ 4 ______ 3. What is the brand name of your kitchen faucet? Brand name ______ 4. What is the material of your present kitchen faucet? - Chrome - Brass - Stainless steel - Plastic - Other (specify) ______ 5. How satisfied are you with your present kitchen faucet? - Very satisfied - Satisfied - Neither satisfied nor dissatisfied - Dissatisfied - Very dissatisfied 6. How long have you had your present kitchen faucet? - Less than 1 year - 1-2 years - 3-5 years - 6-10 years - 11-15 years - 16-20 years - Over 20 years 7. Are you planning to buy a new kitchen faucet within the next 12 months? - Yes - No - Undecided 8. If you are planning to buy a new kitchen faucet, what is the main reason? - Present faucet is worn out - Present faucet is outdated - Present faucet is inadequate - Moving to a new home - Other (specify) ______ 9. If you are planning to buy a new kitchen faucet, what is the approximate amount you expect to pay? - Under $25 - $25-$49 - $50-$74 - $75-$99 - $100-$149 - $150 and over 10. If you are planning to buy a new kitchen faucet, where do you expect to buy it? - Lumber company - Building supply dealer - Department store - Discount store - Kitchen cabinet specialty store - Direct from manufacturer - Other (specify) ______ 11. If you are planning to buy a new kitchen faucet, do you expect to install it yourself? - Yes - No - Undecided

KEYES FIBRE COMPANY 165

150 Decision and Order

DECISION AND ORDER

The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and

The respondent, its attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft complaint, a statement that the signing of the agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission's Rules; and

The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the Act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Keyes Fibre Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of Delaware, with its office and principal place of business located at 301 Merritt 7, in the City of Norwalk, State of Connecticut.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

Decision and Order 118 F.T.C.

ORDER

DEFINITIONS

For purposes of this order, the following definitions shall apply:

The term “product or package” means any product or package that is offered for sale, sold or distributed to the public by respondent, its successors and assigns, under the Chinet® brand name or any other brand name of respondent, its successors and assigns; and also means any product or package sold or distributed to the public by third parties under private labeling agreements with respondent, its successors and assigns.

“Competent and reliable scientific evidence” shall mean tests, analyses, research, studies or other evidence based on the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.

A. It is ordered, That respondent Keyes Fibre Company, a corporation, its successors and assigns, and its officers, agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any paper product or package in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, in any manner, directly or by implication:

(1) That any such product or package is degradable, biodegradable, or photo degradable; or,

(2) Through the use of such terms as degradable, biodegradable, or photo degradable, or any other similar term or expression, that any such product or package offers any environmental benefits when consumers dispose of it as trash that is buried in a sanitary landfill,

KEYES FIBRE COMPANY 167

150 Decision and Order

unless at the time of making such representation, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation. B. Provided, however, respondent will not be in violation of Part I(A) of this order, in connection with the advertising, labeling, offering for sale, sale, or distribution of any paper product or package, if it truthfully represents that such product or package will degrade into usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner, when disposed of in home compost piles or devices or in municipal solid waste composting facilities, provided that respondent complies with Part II of this order and discloses clearly, prominently, and in close proximity to such representation that such product or package is not designed to degrade in landfills.

II.

A. It is further ordered, That respondent, Keyes Fibre Company, a corporation, its successors and assigns, and its officers, agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any paper product or package in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting, in any manner, directly or by implication, the extent to which any such product or package can be composted by any means or the extent to which municipal solid waste composting facilities for such product or package are available. B. Provided, however, respondent will not be in violation of Part II(A) of this order, in connection with the advertising, labeling, offering for sale, sale, or distribution of any paper product or package, if it truthfully represents that such product or package will compost or otherwise be converted into usable compost (e.g., soilconditioning material, mulch) in a safe and timely manner, when disposed of in home compost piles or devices or in municipal solid waste composting facilities, provided that respondent discloses clearly, prominently, and in close proximity to any representation referring or relating to municipal solid waste composting:

Decision and Order 118 F.T.C.

(1) That such product or package is compostable where municipal solid waste composting facilities exist, and the current number of municipal solid waste composting facilities in the U.S.; or (2) That such product or package is compostable in the few communities with municipal solid waste composting facilities; or (3) The approximate percentage of U.S. communities or the U.S. population to which municipal solid waste composting facilities are available.

For purposes of this order, a disclosure elsewhere on the product package shall be deemed to be “in close proximity” to such terms if there is a clear and conspicuous cross-reference to the disclosure. The use of an asterisk or other symbol shall not constitute a clear and conspicuous cross-reference. A cross-reference shall be deemed clear and conspicuous if it is of sufficient prominence to be readily noticeable and readable by the prospective purchaser when examining the part of the package on which the representation appears.

III.

It is further ordered, That respondent, Keyes Fibre Company, a corporation, its successors and assigns, and its officers, agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any paper product or package in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting, in any manner, directly or by implication, the extent to which any such product or package is capable of being recycled or the extent to which recycling collection programs for such product or package are available.

IV.

KEYES FIBRE COMPANY 169

150 Decision and Order

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any product or package in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, in any manner, directly or by implication, that any product or package offers any environmental benefit, unless at the time of making such representation, respondent possesses and relies upon competent and reliable evidence, which when appropriate must be competent and reliable scientific evidence, that substantiates such representation.

Nothing in this order shall prevent respondent from using any of the terms cited in Parts I, II and III, or similar terms or expressions, if necessary to comply with any federal rule, regulation, or law governing the use of such terms in advertising or labeling.

VI.

It is further ordered, That for five (5) years after the last date of dissemination of any representation covered by this order, respondent, or its successors and assigns, shall maintain and upon request make available to the Federal Trade Commission for inspection and copying:

A. All materials that were relied upon in disseminating such representation; and B. All tests, reports, studies, surveys, demonstrations, or other evidence in its possession or control that contradict, qualify, or call into question such representation, or the basis relied upon for such representation, including complaints from consumers.

VII.

It is further ordered, That the respondent shall distribute a copy of this order to each of its operating divisions and to each of its officers, agents, representatives, or employees engaged in the preparation and placement of advertisements, promotional materials, product labels or other such sales materials covered by this order.

Decision and Order 118 F.T.C.

VIII.

It is further ordered, That respondent shall notify the Commission at least thirty (30) days prior to any proposed change in the corporation such as a dissolution, assignment, or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries, or any other change in the corporation which may affect compliance obligations under this order.

IX.

It is further ordered, That respondent shall, within sixty (60)days after service of this order upon it, and at such other times as the Commission may require, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with this order.

LIFESTYLE FASCINATION, INC., ET AL. 171

171 Complaint

IN THE MATTER OF

LIFESTYLE FASCINATION, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SECS. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT

Docket C-3513. Complaint, Aug. 4, 1994--Decision, Aug. 4, 1994

This consent order prohibits, among other things, a New Jersey-based corporation, its owner, and its general manager from making specified false representations for five products (a gasoline additive, an automobile retrofit device, an electric stimulation device, an electric acupuncture device, and pinhole eyeglasses), advertised in their catalog. It also prohibits the respondents from making any claim regarding the performance, safety, attributes, benefits, or efficacy of the electric and electronic products they market unless they possess competent and reliable scientific evidence that substantiates the representation. In addition, the consent order prohibits the respondents from misrepresenting the existence, contents, validity, results, conclusions, or interpretations of any test or study, and from misrepresenting that any endorsement or testimonial for health related products represents the typical or ordinary experiences of users.

Appearances

For the Commission: Lesley A. Fair, Joel Winston, Loren Weinstein, C. Lee Peeler and Christian White. For the respondents: Robert Ullman, Bass & Ullman, New York, N.Y.

COMPLAINT

The Federal Trade Commission, having reason to believe that Lifestyle Fascination, Inc., a corporation, Eli Zabare, individually and as an officer of said corporation, and Simon Pantierer, individually ("respondents"), have violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

PARAGRAPH 1. Respondent Lifestyle Fascination, Inc. is a Delaware corporation with its office and principal place of business located at 12 Progress Place, Jackson, New Jersey. Respondent Eli Zabare is the owner, president and sole officer of the corporate

← 118 F.T.C. 117 · 118 F.T.C. 171 →