RBR Productions, Inc

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

IN THE MATIER OF RBR PRODUCTIONS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3696. Complaint, Deq. 10, 1996--Decision, Dec. 10, 1996 This consent order prohibits, among other things, a New Jersey-based company and its officer from misrepresenting the health, safety and environmental benefits of its beauty salon disinfectant products and aerosol spray, and requires the respondents to possess reliable and competent scientific evidence to substantiate such representations.

Appearances For the Commission: Janet Evans and C. Lee Peeler. For the respondents: Prose.

COMPLAINT The Federal Trade Commission, having reason to believe that RBR Productions, Inc., a corporation, and Richard Rosenberg, individually and as an officer and director of said corporation ("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 RBR Productions, Inc., is a New Jersey corporation, with its offices and principal place of business located at 1010 Hoyt Avenue, Ridgefield, New Jersey. From time to time, RBR Productions, Inc., does business under the name of Isabel Cristina Beauty Care Products.

Respondent Richard Rosenberg is or was at relevant times herein an officer and director of RBR Productions, Inc. Individually or in concert with others, he formulates, directs, and controls the acts and practices of the corporate respondent, including the acts and practices alleged in this complaint. His office and principal place of business is the same as that ofRBR Productions, Inc. PAR. 2. Respondents have advertised, offered for sale, sold, and 'distributed products for use in beauty salons, including Let's Dance, RBR PRODUCTIONS, INC., ET AL. 445 444 Complaint a concentrated disinfectant product that contains o-phenylphenol, para-tertiary amylphenol and phosphoric acid and is designed to be diluted and used for disinfection of non-metal instruments and other non-metal, non-porous surfaces; Let's Touch, a concentrated disinfectant product that contains o-phenylphenol and is designed to be diluted and used for cleaning and storage of metal beauty care instruments such as manicure scissors; and-Let's Go spray, an aerosol spray that contains the volatile organic compounds ("VOCs") isobutane and propane and is designed for speeding nail glue drying. PAR. 3. The acts and practices of respondents alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act. PAR. 4. Respondents have disseminated or caused to be disseminated advertisements and promotional materials for Let's Dance and Let's Touch, including but not necessarily limited to the advertisements and promotional materials· attached hereto as Exhibits .(\ through D. These advertisements and promotional materials contain the following statements and depictions: (a) Brochure front:

Let's Touch * * * - Sold in pre-measured packets Let's Dance * * * - Ultra concentrated for ease of use and storage .. . [depiction of concentrated and diluted products] Brochure back:

Here's why the combination of scientific and beauty care industry experience· of the ISABEL CRISTINA team means more professional results for you. [depiction of concentrated and diluted products] Let's Touch and Let's Dance

- EPA registered and meet or exceed all federal OSHA and State Board requirements. Environmental safe, biodegradable and non-toxic. - Sold as concentrates for reduced shipping, storage and handling costs Packet-only re-orders reduce costs even more.

* * * Let's Dance use dilution: pH 2.6 Let's Touch use dilution: pH 10.6 Complaint 122 F.T.C. Let's Dance and Let's Touch are:

-- Environmentally Safe -- Non-Toxic -- Non-Corrosive to Sk;in and Eyes -- Bio-degradable Comparative Disinfectants Chart I Let's Let's Quats Alcohol Ultra- Glass Touch Darice - Violet Bead * * * No Damage to Yes Yes Yes1 No No No Envirorunental Surfaces Non-Corrosive to Yes Yes Yes1 No No No Skin and Eyes Non-Toxic Yes Yes No1 No - - * * * 1 Perhaps. Consult EPA offices.

[EXHIBIT A-chart is abbreviated] (b) Magazine ad:

LET'S DANCE! BECAUSE ...

TOMORROW'S WORLD DEPENDS ON YOU Environmentally Safe One Step Hospital Grade Disinfectant, Cleaner, and Deodorizer for Salons [depiction of concentrated and diluted product] Let's Dance! - Envirprunentally Safe - PH Buffered - Non-Corrosive to Skin and Eyes - Biodegradable and Non-Toxic - Ultraconcentrated Protect Yourself, Your Clients, Your Family [EXHIBITB] (c) Magazine ad:

IS YOUR DISINFECTANT ENVIRONMENTAL SAFE? LET'S TOUCH IS!

IN HANDY PREMEASURED FOIL PACKETS

BIODEGRADABLE NON-TOXIC NON-CORROSIVE TO SKIN AND EYES [depiction of concentrated and diluted product] [Exhibitc] RBR PRODUCTIONS, INC., ET AL. 447 444 Complaint (d) Brochure:

Let's Touch and Let's Dance use-solutions as defmed by the latest Federal Hazardous Substances Act Regulations are NON-TOXIC AND NON-CORROSIVE TO SKIN AND EYES * * * * Let's Touch and Let's Dance are pH buffered phenolic products which deliver excellent Broad Spectrum Performance even under the most demanding use . situations while offering the greatest degree of safety to the end user and the enviroiunent. Let's Touch and Let's Dance use-solutions are defmed by the latest Federal Hazardous Substances Act Regulations as NON-TOXIC AND NON- Corrosive TO SKIN AND EYES. . . . [EXHIBITD] (e) Proper Disinfection For The Beauty Industry-~ Video Transcript: . ' * * * * Speaker: Phenols are another group of disinfectants. They are a benzene · molecule derivative -- which means they are a very safe way to disinfect. Phenols are about 3 to 5 times less toxic than Quats when ingested. Buffered Phenols are non-corrosive to skin and eyes, nontoxic, they're biodegradable, environmentally safe, and last longer than other forms of disinfection because they're not as sensitive to organic matter. .. .

Super: Phenols - very safe way to disinfect - 3 to 5 times less toxic than quats - buffered phenols are non-corrosive to skin and eyes - biodegradable & non-toxic - environmentally safe - last longer-not as sensitive to organic matter · - little residue * * * Speaker: Armed with the knowledge you now have, you're just beginning to get an appreciation for some of the complexities, and yariables involved with just trying to keep your instruments clean. ...·. Y au might even be thinking -- "Does a disinfecting system exist out there that answers my needs?" Well, there is, and that's where we fit in .... We are ISABEL CRISTINA. We have developed a . superior Disinfecting System -- consisting of LET'S TOUCH AND LET'S DANCE .. _. . Let's Touch and Let's Dance are extremely unique products designed specifically for people mthe salon industry, by people in the salon industry. Let's Touch and Let's Dance use solutions are completely non-corrosive to the skin and eyes, nontoxic, biodegradable and environmentally safe, which means you can pour them down the drain.

Super: Let's Touch & Let's Dance Non-corrosive to Skin & Eyes.

Non-toxic Complaint 122 F.T.C. Biodegradable Environmentally Safe * * * Speaker: Let's Touch comes in pre-measured packets with a mixing jar and a starting kit. A child could mix it, its so simple! ' * * * PAR. 5. Through the use of the statements and depictions contained in the advertisements and promotional materials referred to in paragraph four, including but not necessarily limited .to the advertisements and promotional materials attached as Exhibits A through D, respondents have represented, directly or by implication, that: ·· . .

.a) Let's Dance concentrate is non-corrosive to skin and eyes, nontoxic, and does not pose a risk of adverse h~alth effects; b) Let's Touch co~centrate is non"" toxic and does not pose a risk of adverse health effects; and .. c) Let's Dance and Let's Tquch use -d~lutions are classified as nontoxic under the Federal Hazardous Subst~nces Act regulations. PAR. 6. In truth and in fact:

a).Let's Dance concentrate is corrosive to skin and eyes, toxic, and poses a risk of adverse health effects; . . b) Let's Touch concentrate is toxic and poses a risk of adverse health effects; and · · c) Let's Dance and Let's Touch u~e dilutions are not classified.as non-toxic.under the Federal Hazardous Substances. Act regulations. In fact, Let's Dac~ and Let's Touch are not regulate4 under the Federal Hazardous Substances Act, but under the Federal Insecticide, Rodenticide and Pesticide Act which requires that· these products bear various label warnings about their potential for hannful health effects. Therefore, the representations set forth in paragraph five were, and are, false and misleading.

PAR. 7. Through the use of .the statements and depictions contained in the advertisements and promotional materials referred to in paragraph four, including but not necessarily limited to the advertisements and promotional materials attached as Exhibits A I RBR PRODUCTIONS, INC., ET AL. 449 444 Complaint through D, respondents have represented, directly or by implication, fu~: . a) Let's Dance and Let's Touch use dilutions are non-toxic and do not pose a risk of adverse~ health effects; b) Let's Dance and Let's Touch are three to five times less toxic than quaternary aluminum compound disinfectants; c) Let's Dance is safe for the environment after ordinary ·use, and d) Let's Dance will completely break down and return to nature --· i.e., decompose into ele~ents found in nature-- within a reasonably short period of time after customary disposal. PAR. 8. Through the use of the statements and depictions contained in the advertisements and promotional materials referred to in paragraph four, including but not necessarily limited to· the advertisements and promotional materials attached as Exhibits A through D, respondents have represented, directly or by implication, that at the time fuey made the representations set forth in paragraphs five and seven, respondents possessed and relied upon a reasonable basis that substantiated such repre~entations. PAR. 9. In trufu and in fact, at the time they made the representations set forth in paragraphs five and seven, respondents did not possess-and rely upon a reasonable basis that substantiated such representations. Therefore, the representation set forth in paragraph eight was, and is, false and·misleading.

PAR. 10. Respondents have disseminated or caused to be disseminated advertisements and promotional materials for Let's Go spray, · including product labeling~ including but not necessarily limited to tlie·advertisements and labeling attached hereto as Exhibits E and F. These advertisements and labeling contain the following statements and depictions:

· (f) Let's Go aerosol can front label:

ENVIRONMENTAL FORMULA Will not harm the ozone Contains No Freon, Chlorofluorocarbons · Methyiene Chloride, or 1,1, 1-Trichloroethane. [product logo] Let's Go aerosol can back label:

Let's Go * * * Complaint 122 F.T.C. [chasing arrows symbol] · RECYCLABLEAL~ [EXHIBIT E] ' (g) Magazine ad:

LET'S GO * * * Environmental Formula-- Freon Free Ozone Friendly . .. . Recyclable aluminum [EXHIBIT F] PAR. 11. Through the use of the statements and depictions contained in the advertisements and promotional materials referred to in paragraph ten, including but not limited to the advertisement and labeling attached as Exhibits E and F, respondents have represented, directly or by implication, that the Let's Go spray aluminum aerosol can is recyclable.

PAR. 12. In truth and in fact, while the Let's Go aluminum aerosol can is capable of being recycled, there are only a few collection facilities that accept aluminum aerosol cans for recycling. Therefore, the representation set forth in paragraph eleven was, .and is, false and misleading.

PAR. 13. Through the use of the statements and depictions contained in the advertisements and promotional materials referred to in paragraph ten, including but not necessarily limited to the advertisements and labeling attached as Exhibits E and F, respondents have represented, directly or by implication, that Let's Go spray does not contain any ingredients that harm or damage the environment. PAR. 14. Through the use of the statements and depictions contained in the advertisements and promotional materials referred to in paragraph ten, including but not necessarily limited to the advertisements and labeling attached as Exhibits E and F, respondents have represented, directly or by implication, that at the time they made the representations set forth in paragraphs eleven and thirteen, respondents possessed and relied upon a reasonable basis that su~stantiated such representations.

PAR. 15. In truth . and in fact, at the time they made the representations set forth in paragraph eleven and thirteen, respondents 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. RBR PRODUCTIONS, INC., ET AL. 451 444 Complaint PAR. 16. The acts and practices of respondents as alleged in this complaint constitute unfair or deceptive acts or practices in or· affecting commerce in violation of Section S(a) of the Federal Trade Commission Act. · Complaint 122 F.T.C. EXHIBIT A ISABEL CRISTINA BEAUTY CARE PRODUCTS Scientifically Formulated Hospital Grade Broad Spectrum Anti-Vrral and Tuberculocidal Protection for Your Customer, Yourself and the Environment LET's Toud1® LET's DANce" Full imnursion system for quality Hospital grade disinfectant for the metal instruments. entire salon. • Does not rust or dull • Combs, brushes, files, baths, beds, counters - cleans instruments to a shine. and stations. • pH Buffered- non-corrosive, lasts longer, • Furnishings, surfaces, restrooms, equipment, ·environmentally safe and non toxic. floors, windows and more. • Active color- reliable indication of • Fast, convenient sprayer application or !ime for fresh solution. immersion bath. • Ideal for storage of instruments • fresh lemon-y scent -complete with lid, forceps or scissor hook. • Ultra concentrated for ease of use and storage • Sold in pre-me.,sured packets - 16 oz. makes 32 gallons. • Pre-measured pump or packets for accurate solution control [E]~ ISA!!El CRISTINA = Bt:JUtoJ Clu Produc::s 'or ~.~t! ELe~td Prc.fi!SsitJ"r_,;

---! ii-·--@!.

tel's Touch"

;;:: -·· ..

:i .- RBR PRODUCTIONS, INC., ET AL. 453 444 Complaint EXHIBIT A LET's Toudt"

ANd LET's Dance"

_.th ~ most effective s.Uon disinfection products for protection ~gains! knowing or unknowing curiers of infectious diseases.

• Bactericid01.1, fungicid01.1, vi.rucid01.1, sUphylocid.U, pseudomon~cidal, tuberculocid01.1- including HIV-1. • Hospital grode disinfection in just 10 minutes - clean. disinfect and deodorize in one step. • EPA registen!d and med or excetd .Ul federal OSHA and $Ute Board requirtm~nts.

Envitorunent.illy we, biodegud~ble ond non toxic. • Sold as concmtrotes for reduced shipping, storage and handling costs Pocket-only n!-orders reduce costs even more.

ln's DANCE" lrr's Touch.t"

a. l t•p GenrucJdaa o.,.n;~ •• Hoa:plttl Gt"ldtlnrtnun111~ For .UI Salol JurQca 011UIIKtiOI /310r.tqf .atXJ Pb~c l tlf'IW Sytcam For ~In M.tal larrnun~ofl lOH£ 0F pH scale EHVIROHMOOALDESmUCTION ' S~FE ZONE OF RISK' SAFE ZONE' rruc:mft01'1CWll.,..1tft,UdiOQIIIWrwgrodlla ZONE' a•lllrtYII) LET's 0-'Nce• use dilution: pH 2.6 LET's Touc11• use dilution: pH 10.6 ?trlups. Consult EPA omc.s. : "\IJ !It XJx ..1nd X JOints. Y~. only on surixe (.~ Jua-oj-( to ii~t. L<T's D""'c•' anJ LET's To<X:h' art: ; !.ltn~ • En\~ronmentallv Sdie • ='lon·Toxic S/.-\•S'cxAPOlioOie • ~on-C.mosive to Sic in j nd Eyes • Bio-degr>d>ble '''.\'it.'\ iftsb ~UOOf\$ "'t ~lu::cns I~~ zone; J.l"e .....+:c....e g~r;rucd.li J<."tl,,ty J.nd maximum .::~lr.!.Jl~ .x:.....JJ ·....,:r.oct c:wucr.rr.~t::li suriJce 1-i:un.J~c !U ;+: ~.s1:::' e ~.lrerui.:;.

: \ k~t .JC•.H5 ::lij :n 1-:c ~ - ~~ · ~H ::tr.\!t!'. · \ ...'Si\n :;h:!:S :i\·~ cr.r.ur.· ~~ :1..""-!'.lJ'ti!r.~ nt!'UO"J.i ISABEL CRISTINA ~" iU~L'P.:i. :-H:;) · ~- ~.;k. ~\".,_r.~ J :i.h!,.r.L'!' ,r.C ·.•i z... f'.\). ""' 35'><l, T~.l.n"'-'.X. ~~w l~rsev 076c<i :'l'~\·c:--; ':-;:,"~ ..;~. .;·r ...ll \\ ,.r: .. ·t: ....... . -~r~:'t~:~ Lor''--·: 1 -'-C~)- :: ..c· -tl2·0.ln ~l ~ J..i:ti :•.H ~~-J' ·._..:..: .!:.il!::l ~..... g./j_' p.. ·~ ' !:..

Complaint 122 F.T.C. EXHIBITB ~ ~2 7: Cf LET's DANCE®! ·.:ce. or Because ...

Tomorrow's World Depends On You Environmentally Sale One Step Hospital Grace 0 Jsiniectant. :m The Cleaner. and Oeodonzer ior Salons jevel- :r.e, a Ln's DANce For:

1t, or • Combs and Brushes ~ zone e nail • Count~rs and Stations -;,pany. • Nail Files and Foot Baths :ned to • Restrooms and Sinks s, and • Floors and vVindows ly·iike :upply Ln's DANCE r ! ':~'S ~n • Environmentally Safe .COIP< • PH Buffered : :'1..,. • Non-Corrosive to Skin and Eves • Biodegradeable and Non-Toxic ::nraa -~ 'ld .. • Ultraconcentrated - 16 oz. I 73]· ,\lakes 32 Gallons ·?553. • Costs just Pennies Per Dav to Use • Replaces the :--;eec! for 5 P'roducts • Saves Time- Disinfects, Cleans.

and Deodorizes in One Step . "• .... :· ,.,. '!'I ;,r_.,....t".n ur"'d :)\ftnd :is ion • Premeasured Pump for Ease of . : •' o<l.~ '''J O ,r-~:J~: :·•...:;,•JI.:"'"O"JIJlo• J tci :)()lilt'lo )l'!.~ 1.1•101'1.~ s~"·'s ~ r & Preparation and :-\ccuracy " ... ' ES 1:: o::..t.ao .... s . II.,:H ; ~a il ihl? :a . n ~ Protect Yourself, Your Clients, Your Family ; VIi ~ ~ nd So Step Up and LET's DANCE"~ : 'i·1e ~dre· ·Ja:u· Bflcause ... You Make The Difference! EPA REGISTRATION #10-0 -9:2-062296 :.en. ·.:7\.. :~ - ~."" .5.:-... .... ae.. .....,, ... RBR PRODUCTIONS, INC., ET AL. 455 444 Complaint EXHlBITC IS YOUR DISINFECTANT ENVIRONMENTALLY SAFE? LET'S Touc~n~ IS! A.'l EPA-REGISTERED, BROAD-SPECTRU.\1. HOSPITAL·GRADE DISINFECTA.'IT A CO,\IPLETE PR..>,CTIC.>.L FULL-1.\.\,\IERSIO.-.; DISINFECTIO,'l A.'iO STORAGE SYSTE.\1 FOR NAIL TECHNICIANS' TOOLS PROTECTS YOUR INSTRUMENTS · STORE Quality METAL INSTRUMENTS IN .SOLUTION DOES NOT RUST DOES NOT DULL CLEANSES I.'·STRUME."<TS TO A SHI.'<E LASTS LO"GcR - PH Buffered IN HANDY PRE.... EASUREO FOIL PACKETS WITH .'iO O FFE .. SIVE ODORS Biodegradable NON-TOXIC NON-(DRROSIVE TO SKIN ~ ."<D EYE;

ACTIVITY INOIC~TEO The Clear Bl~ e Solution S.molv Turn~ CouC'v. O•spi.Jvtng ··SCiut!on .~ ~n :f'i rim~ ',\ h Over!oac··. 7o C~u,go: : ~~'------ - - S!Jr:erJuscSvo;tem529.95 CLIE.'IT-IlEASSl Rl ' C ~'Jf'~ · ~ \;:·re"Tl c ~ ":'1C•Il''re 'o\•;n· J ?JC,~ !\ ,JI ri..)lOII.ll CrJc.:-o~;;~.ec:Jn; ·~.\,J;;; ~ EDL'C.;TIO.,AL .: ... J~~. : .~·1 :rn.ml!·~. .:n :n\::umc.,l 3.u~ ,..-ol:'\ ,,,.r.~hclut. lns;~menc C:.:sh•on. 5t;ur.· Profitable t!'' ~C'!:f· \ J• F<Ju~ct~ ;;. "'"',.'l :Jt. C:•C'"''I .aw~rt~C'~S C Jrc. Jnc 5Jfon ',\ir>Ccw \)~JI ALL AT A COST less THA." ALCOHOL A.'.;D OTHER METHODS 8ACTBIOCID.>.L. FL'";CICIDAl. \IRLCIDAl. S7APHYlOCIDAl. PSEl'DO.'IO ... Acn.>.L, Tl.'BEK L'LOCIO~L LET's Touc~-r~~ WORKS! 1,-.; IL ST 10 .\IINUTES. SO YOL' DON'T HAVE TO WAIT TO BE S L'R E~ : ·~ ~<£ :.:ro ,' ·.:~ . . ;~ .·. --! :. -:;~ :',-· ... ..a ... ..:..i.. . ~ ,:_ :-'CC!.. C3 ?•:a n.;ol ·:-\ .... :·.:, . ...,. ;:-~r:., ' "' :·:· ~1 ~;-: :r:., · ... : 1::'1).:~:--'1;o Complaint 122 F.T.~ . EXHIBITD IC n n ISABEL CRISTINA LET'S TOUCH® I LET'S DANCE® NON-TOXIC CONFIRMATION Brief Summary Both LET'S TOUCH and LET'S DANCE decrease exposure t6 the active ingredients by using highly buffered gemricidal cleansers and offer the greatest degree of Broad Spectrum Efficacy. Both LET'S TOUCI-i and LET'S DANCE work within a pH range, which acts against supporting the·growth and reproduction of bacteria in the salons (always follow the label directions). The Disinfectants, Harmful Bacteria . and pH Chart represents the three pH areas: Enviroiunental Destruction, Risk and Sale Zones. LET'S TOUCH. and LET'S DANCE fall within the safe Zone, while other products, e.g. Quats, Alcohol · and other non-buffered phenolic disinfectants, perhaps, fall within the Zones of Risk and Environmental Destruction. LET'S TOUCH and LET'S DANCE use-solutions as defmed by the latest Federal Hazardous Substances Act Regulations are · NON-TOXIC AND NON-CORROSIVE TO SKIN AND EYES Specific Data LET'S TOUCH The acute oral LD50 ofLET's TOUCH concentrate is·12.6 grams per kilogram. This acute oral LD 50 is equivalent to the ingestion of 23 fluid ounces of concentrate or 5.8 gallons of 1:32 use-dilution by a 150 lb. adult. As the term isdefmed in the ·Federal Hazardous Substances Act Regulations, LET'S TOUCH is not a toxic substance. · The acute Dermal LD50 of LET'S TOUCH concentrate is greater than 10.0 ml/kg_of body weight. As the term is defmed in the Federal Hazardous Substances Act Regulations, LET'S TOUCH is not a toxic substance. · A 1:32 use dilution of LET'S TOUCH when tested according to procedures accepted by the Environmental Protectioo Agency (EPA), showed a score of zero for the primary eye irritation test (16 CFR ·1500.42). Therefore, a properly made usesolution of LET'S TOUCH is not considered a primary eye irritant as defmed by regulations of the Federal Hazardous Substances Act. RBR PRODUCTIONS, INC., ET AL. 457 444 Complaint Let's Dance The normal use dilution of 1:256 of LET'S DANCE germicidal detergent is not considered toxic, nor is it classified as corrosive to skin and eyes: When tested according to protocol prescribed by the US Environmental Protection Agency (EPA) with a twenty-four hour exposure time, the use-solution was found to have a maximum Primary Irritation Score (skin) ofO.O. LET's DANCE is considered as not a Primary Irritant as defmed by the Federal Hazardous Substances Act. A use-dilution (1 :256) was tested according to protocol prescribed by the US Environmental Protection Agency (EPA). All tests were free from any signs of eye irritation at the 48-hour and subsequent readings. The investigating laboratory concluded that LET'S DANCE is not a Primary Eye Irritant. Please note that Disinfectant products are labeled for the·concentrate contained within. LET'S TOUCH and LET'S DANCE use-solutions as defined by the latest Federal Hazardous Substances Act Regulations are NON-TOXIC AND NON-CORROSIVE TO SKIN AND EYES NOTE: When purchasing our products, you are purchasing them in a concentrated form. Thus, you purchase pure product and not watered down product. Additionally, unless a product falls within the 2.5- 3.2 pH and 10- 11 pH Range, the product cannot possibly last for estended periods of time. Considering the needs of today's salon, the extended life offered by Buffered Disinfection systems more than meet the practical level, the safety requirements of both operator and client. LET'S TOUCH and LET'S DANCE are pH buffered phenolic products which deliver excellent Broad Spectrum. Performance even under the most demanding use situations while offering the greatest degree of safety to the end user and the environment. LET'S TOUCH and-LET'S DANCE use-solutions are defmed by the latest Federal Hazardous Substances Act Regulations as NON-TOXIC AND NON- CORROSIVE TO SKIN AND EYES. Some common examples of Phenolics are: INK and Chloroseptic throat spray medication. Quatenary Ammonium Compounds (Quats) due to their significant number of drawbacks as a Disinfectant are not classified for Instrument Disinfection by many of the most significant authorities in both the Medical and the Dental fields. Complaint 122 F.T.C. EXHIBITE · ··t~...,~ .· ':;:;ioNMENTALFOR."fti;

HARM Ill r-~OT TH£ ozo,1 .~freon, Chloro~I\Ioto(u~ fill"' '"'"''e-n~ Chlor~~. or 1.l,1·fii(,IOt~that\e LET'S qo~ et:O CRY .•C£"<T FCR fi"'Cf~"'Ail Cl~ES foi PRCHSS;QI'.ial L:Sf G:'lt 4 fl. oz.

RBR PRODUCTIONS, INC., ET AL. 459 444 Complaint EXHIBITF Accelerate Your Senice with .

LET'S qo& No 3ubbles. 'lc Ptt~ing, and Nc r.e::'l'/ ~! !irs. Jte Sprcy and Buff! cr:es nail LET'S q0 11 gue instartly. Wcrks with all nail S!t.:es, :igr.ress se;s, resins, SieSS ;:::rcc·~c:s, s:iks. !ir.ens, f;berglc:ss w~::cs . :'GS :nc ,:io ;::cwcers.

~:\ir:r:::e:-"-~3~ ;: r;;.u~c - F;e~r Free Ozsr.e Fr:e~.a!y - l..sw Low Occr.

Or-.e .i.C"Cz. s.;:e :::ces 3CO toSCO nails. J~S\ 59.95.

(800) 247-4130 ~201) 837-1166' .

outside HJ in HJ ISABEL CRISTINA, P.O. Box 3599, Tunecl<, I'll Oir.->6 m - !' '·.-: ~.!'~ =·:c-c:-s :.:! : -"" :: :·~c.J:l:; ::~:f~s.s. :-- ~ 1 Decision and Order 122 F.T.C. DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of 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 the respondents with violation of the Federal Trade Commission Act; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents 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 respondents that the law has been violated as alleged in such complaint, or that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true, 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 respondents have 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 RBR Productions, Inc. is a corporation organized, existing, and doing business under and by virtue of the laws of the State of New Jersey, with its office and principal place of business located at 1010 Hoyt Avenue in the City ofRidgefield, State of New Jersey. From time to time, RBR Productions, Inc. does business under the name of Isabel Cristina Beauty Care Products. · Respondent Richard Rosenberg is an officer and director ofRBR Productions, Inc. he formulates, directs, and controls the policies, acts, and practices of said corporation and his office and principal place of business is the same as that of said corporation. RBR PRODUCTIONS, INC., ET AL. 461 444 Decision and Order 2. The Federal Trade Commission has jurisdiction of the subject matter _of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER DEFINITIONS For the purposes of this order:

1. "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies, or other evidence based upon 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;

2. "Volatile organic compound" ("VOC'') shall mean any compound of carbon which participates in atmospheric photochemical reactions as defined by. the U.S. Environmental Protection Agency at 40 CFR 51.100(s), and as subsequently amended. When the fi:qal rule was promulgated, 57 Fed. Reg. 3941 (February 3, 1992), the EPA definition excluded carbon monoxide, carbon. dioxide, carbonic acid, metallic carbides of carbonates, ammonium carbonate and certain listed compounds that EPA has determined are of negligible photochemical reactivity. I.

It is ordered, That respondents, RBR Productions, Inc., a corporation, its successors and assigns, and its officers," and Richard Rosenberg, individually and as an officer and director of said corporation, and respondents' agents, representatives, and employees, directly or through any partnership, corporation, subsidiary, division, or other device, in connection with the manufacturing, labeling, . advertising, promotion, offering for sale, sale, or distribution of Let's .Dance and Let's Touch disinfectants, in or affecting commerce; as ·"commerce" is defined in ~he Federal Trade Commission Act, do forthwith cease and desist from misrepresenting, in any manner, directly or by implication, that:

462 FEDERAL 'TRADE COMMISSION DECISIONS Decision and Order 122 F.T.C. A. Let's Dance concentrate is non-corrosive to skin or eyes, non- . toxic, or does not po$e a risk of adverse health effects; B. Let's Touch concentrate is non-toxic or does not pose a risk of adverse health effects; or C. Let's Dance and Let's Touch use dilutions are classified as nontoxic under the Federal Hazardous Substances Act regulations. II. .

It isfurther ordered, That respoil.dents, RBR Productions, Inc., a corporation, its successors and assigns, and its officers, and Richard Rosenberg, individually and as an officer and director of said corporation, and respondents' agents, representatives, and employees, directly or through any partnership, corporation, subsidiary, division, or other device:

A. In connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of Let's Dance and Let's Touch disinfectants, in or affecting comme,rce, 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:

1. Let's Dance or Let's Touch use dilutions are non-toxic or do not pose a risk of adverse health effects;

2 .. Let's Dance or Let's Touch concentrates or use dilutions are less toxic.than quaternary ammonium compound disinfectants or any · other disinfectant or product; · 3. Let's Dance is biodegradable; .

4. Let's Dance is safe for the environment after ordinary use; and B. In connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of Let's Go spray or any other product containing any volatile organic compound, through the use of such terms as "environmental formula," "_envirohmental formula~ freon free, ozone friendly," "environmental formula, will not harm the ozone, contains no freon, chlorofluorocarbons, methylene chloride, or 1,1, !-trichloroethane," or any other term or exp.ression, that any such product will not harm the environment; and C. In connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any disinfectant RBR PRODUCTIONS, INC., ET AL. 463 444 Decision and Order or aerosol product 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 such product will offer any absolute or comparative health, safety, or environmental evidence.

III.

A. It is further ordered, That respondents, RBR Productions, Inc., a corporation, its successors and assigns, and its officers, and Richard Rosenberg, individually and as an officer and director of said corporation, and respondents' agents, representatives, and employees, directly or through any partnership, corporation, subsidiary, division, or other device, in connection with the 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 misrepresenting, in any manner, directly or by implication, the extent to which:

(1) Any such product or package is capable ofbeing recycled; or, (2) Recycling collection programs for such product or package are available.

B. Provided, however, respondents will not be in violation of Part III.A(2) of this order, in connection with the advertising, labeling, offering for sale, sale or distribution of any aluminum aerosol can, if it truthfully represents that such package is recyclable, provided that: (1) Respondent discloses clearly, prominently, and in close proximity to such representation:

(a) That such packaging is recyclable in the few communities with recycling collection programs for aluminum aerosol cans; or (b) The approximate number ofU.S. communities with recycling collection programs for such aluminum aerosol cans; or (c) The approximate percentage ofU.S. communities or the U.S. population to which recycling collection programs for such aluminum aerosol cans are available.

Decision and Order 122 F.T.C. For the purposes of this order, a disclosure elsewhere on the product package shall be deemed to be "in close proximity" to such representation 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.

IV.

It is further ordered, That for five (5) years after the last date of dissemination of any representation covered by this order, respondents, or their successors· or assigns, shall maintain and upon request make available to the Federal Trade Commission or its staff 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 their possession or control that contradict, qualify, or call into question such representation, or the basis relied upon for such representation, including complaints from consumers and complaints or inquiries from governmental organizations. v.

It is further ordered, That respondent RBR Productions, Inc. 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. · RBR PRODUCTIONS, INC., ET AL. 465 444 Decision and Order VI.

It is further ordered, That respondent RBR Productions, Inc., its successors and assigns, 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.

VII.

It is further ordered, That respondent Richard ·Rosenberg shall, for a period of five {5) years from the date of entry of this order, notify the Commission within thirty (30) days of the discontinuance of his present business or employment and of his affiliation with any new business or employment. Each notice of affiliation with any new business or employment shall include respondent'.s new business address and telephone number, and a statement describing the nature of the business or employment and his duties and responsibilities. VIII.

It is further ordered, That this order will terminate twenty years from the date of its issuance, or twenty years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however,.that the filing of such a complaint will not affect the duration of:

A. Any paragraph in this order that terminates in less than twenty years;

B. This order's application to any respondent that is nqt named as a defendant in such complaint; and C. This order ·if such complaint is filed after the. order has terminated pursuant to this paragraph.

Provided, further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on Decision and Order 122 F.T.C. appeal, then the order will terminate according to this paragraph as though the complaint was never filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

IX.

It is further ordered, That respondents shall, within sixty (60) days after service of this order upon them, 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 they have complied with this order.

THE B.F. GOODRICH COMPANY, ET AL 467 467 Modifying Order