Abs Consumer Products, LLC

Volume 162 · 162 F.T.C. 27

Citation: 162 F.T.C. 27
Docket: C-4584
Complaint: 2016-07-06
Decision: 2016-07-06
Document type: consent order
Case type: consumer protection
Statutes: FTC Act (section 5)
Industry: hair care products
Outcome: consent order entered
Relief: cease_and_desist; recordkeeping; compliance_reporting; notice_to_customers
Order term (years): 20
Source: Original volume PDF
Original PDF: This decision as a PDF

deceptive advertising product labeling environmental claims

Cite this decision

Abs Consumer Products, LLC, 162 F.T.C. 27 (2016). Consumer Law Library, https://consumerlawlibrary.org/decisions/v162-0003

Report an error in this record (decision id v162-0003)

Order status: active_until:2036-07-06. 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

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ABS CONSUMER PRODUCTS, LLC 27

Complaint

IN THE MATTER OF

ABS CONSUMER PRODUCTS, LLC D/B/A EDEN BODYWORKS

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

Docket No. C-4584; File No. 152 3269 Complaint, July 6, 2016 – Decision, July 6, 2016

This consent order addresses ABS Consumer Products, LLC’s advertising for its shampoo, conditioner, and other hair care products. The complaint alleges that the respondent violated Section 5(a) of the Federal Trade Commission Act by representing that their products are “all natural” when they contain one or more synthetic ingredients. The consent order prohibits any representation regarding whether any product is all natural or 100% natural; the extent to which such product contains any natural or synthetic ingredient or component; the ingredients or composition of such product; or the environmental or health benefits of such product, unless the representation is non-misleading.

Participants

For the Commission: Robert M. Frisby, Gregory Madden, and John Andrew Singer.

For the Respondent: Darrell N. Phillips, Pietrangelo Cook PLC; and Kevin Swinton, solo practioner.

COMPLAINT

The Federal Trade Commission, having reason to believe that ABS Consumer Products, LLC, a limited liability company, has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent ABS Consumer Products, LLC, also doing business as EDEN BodyWorks, is a limited liability company with its principal office or place of business at 3634 Park Avenue, Memphis, Tennessee 38111.

VOLUME 162

Complaint

2. Respondent has advertised, labeled, offered for sale, sold, and distributed products to consumers, including Coconut Shea All Natural Curl Defining Cream, Coconut Shea All Natural Leave In Conditioner, Coconut Shea Styling Elixir, Jojoba Monoi Moisturizing Shampoo, and Jojoba Monoi Revitalizing Conditioner.

3. The acts and practices 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.

4. Respondent advertises the above products on the Internet. They retail for $8.47 to $8.99.

5. Respondent has disseminated or has caused to be disseminated advertisements for Coconut Shea All Natural Curl Defining Cream, Coconut Shea All Natural Leave In Conditioner, Coconut Shea Styling Elixir, Jojoba Monoi Moisturizing Shampoo, and Jojoba Monoi Revitalizing Conditioner, including but not necessarily limited to the attached Exhibits A-C. These materials contain the following statements:

Coconut Shea All Natural Curl Defining Cream

Discover EDEN for yourself. EDEN BodyWorks Coconut Shea All Natural Curl Defining Cream is a humidity-resistant formulation designed to refine and separate curls and waves.

(Exhibit A, Internet webpages www.walmart.com/ip/EDEN- BodyWorks-Coconut-Shea-All-Natural-Curl-Defining-Cream (April and May 2015))

Coconut Shea All Natural Leave In Conditioner

Discover EDEN for yourself. EDEN BodyWorks Shea All Natural Leave In Conditioner is a daily conditioning treatment formulated with one of nature’s best moisturizers, coconut oil, to penetrate and revitalize tresses. It’s blended with shea butter to seal in moisture.

ABS CONSUMER PRODUCTS, LLC 29

Complaint

(Exhibit B, Internet webpage www.walmart.com/ip/EDEN- BodyWorks-Coconut-Shea-All-Natural-Leave-In-Conditioner (May 2015))

Coconut Shea All Natural Styling Elexir

Jojoba Monoi All Natural Shampoo

Jojoba Monoi All Natural Conditioner

(Exhibit C, product labels displayed on Internet webpages at www.edenbodyworks.com (May 2015))

Count I False Claim

6. In connection with the advertising, labeling, promotion, offering for sale, or sale of Coconut Shea All Natural Curl Defining Cream, Coconut Shea All Natural Leave In Conditioner, Coconut Shea Styling Elixir, Jojoba Monoi Moisturizing Shampoo, and Jojoba Monoi Revitalizing Conditioner, Respondent has represented, directly or indirectly, expressly or by implication, including through the name of the first two products, that these products are “all natural.”

7. In fact, the above products are not “all natural” because they contain at least one synthetic ingredient. Coconut Shea All Natural Curl Defining Cream contains the synthetic ingredient Polyquaternium-7. Coconut Shea All Natural Leave In Conditioner contains the synthetic ingredients Polyquaternium-7 and Polyquaternium-37. Coconut Shea Styling Elixir contains the synthetic ingredients Polyquaternium-37, Polyquaternium-11, Phenoxyethanol, and Caprylyl Glycol. Jojoba Monoi Moisturizing Shampoo and Jojoba Monoi Revitalizing Conditioner contain the synthetic ingredients Phenoxyethanol and Caprylyl Glycol. Therefore, the “all natural” representation set forth in Paragraph 6 is false or misleading.

VOLUME 162

Complaint

Violations of Section 5

8. 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.

THEREFORE, the Federal Trade Commission this sixth day of July, 2016, has issued this Complaint against Respondent.

By the Commission.

ABS CONSUMER PRODUCTS, LLC

Complaint

Exhibit A

EDEN BodyWorks Coconut Shea All Natural Curl Defining Creme, 16 fl oz - Walmart.com

All My Account All Departments My Local Store Value of the Day Tips & Ideas FREE SHIPPING on orders of $50 or more

Beauty Hair Care Hair Treatments

EDEN BodyWorks Coconut Shea All Natural Curl Defining Creme, 16 fl oz 8 reviews Q&A By: Eden BodyWorks Walmart #: 553442543

EDEN BodyWorks All Natural Curl Defining Creme 16 fl oz Medium Hold coconut shea

$8 47 52.9¢ / fl oz

FREE shipping on orders $50 + FREE pickup

Quantity: 1 Add to cart Add to registry

http://www.walmart.com/ip/EDEN-BodyWorks-Coconut-Shea-All-Natural-Curl-Defining-Creme-16-fl-oz/24969658[3/22/2015 2:33:39 PM]

VOLUME 162

Complaint

EDEN Body Works Coconut Shea All Natural Curl Defining Creme, 16 fl oz - Walmart.com

Add to list Sold by Walmart.com

• Designed to refine and separate curls and waves • Infuses moisture to strengthen hair

More about this item...

Read more +

Cannot return by mail Due to federal restrictions, this item cannot be returned by mail. See our returns policy for more information.

Specifications

Model No: 12-550 Shipping Weight (in pounds): 0.6 Product in Inches (L x W x H): 1.825 x 1.875 x 7.375 Assembled in Country of Origin: USA Origin of Components: USA Walmart No: 552442847

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Customer reviews

7 reviews | 5 out of 5 5 stars 7 4 stars 0 3 stars 0 2 stars 0 1 stars 0 100% Would recommend to a friend Write a review

Show filters + Sort By Most helpful

Excellent Line of products. Highly recommended! 12/25/2013 by Carlie These products do wonders for natural African American hair. I have tried all items in the Coconut Shea line some of the Jojoba Monoi and Peppermint Lines. They do not fail to please, and provide moisture, shine, body and a healthy appearance to the hair. I will repurchase again and again. The products also last for quite a while as a little goes a long way, even with a [illegible] Read more + Was this review helpful? Yes (13) No (0) Report

Carlie Miami Would recommend to a friend? Yes Age: 25 - 44 Ownership: 2 - 7 weeks Gender: Female Usage: Every day ✓ Verified purchaser

Love this. 1/3/2014 by Chemba I love all Eden body works hair products because they natural and very moisturising. Was this review helpful? Yes (6) No (0) Report

Chemba Connecticut Would recommend to a friend? Yes Age: 35 - 44

2 of 4 5/4/2015 2:16 PM

VOLUME 162

Complaint

Exhibit C

Coconut Shea Styling Elixir | EDEN BodyWorks

#EDENTURNS10

EDEN™ BodyWorks

ABOUT US PRODUCTS HAIR STORIES EVENTS BUZZ WHERE TO BUY

what it is how to use ingredients reviews

COCONUT SHEA STYLING ELIXIR

Water (Aqua), Cocos Nucifera (Coconut) Oil, Aloe Barbadensis (Aloe Vera) Leaf Juice, Sorbitol, PEG-50 Shea Butter, Polyquaternium-37, Propylene Glycol Dicaprylate/Dicaprate, Polyquaternium-11, Cocos Nucifera (Coconut) Milk Panthenol, PPG-1 Trideceth-6, Fragrance (Parfum), Phenoxyethanol, Caprylyl Glycol, Sorbic Acid

Price: $8.99 Size: 4 oz Qty: 1 Add to Cart

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http://edenbodyworks.com/products/coconut-shea-styling-elixir[5/22/2015 3:59:00 PM]

ABS CONSUMER PRODUCTS, LLC

Complaint

JojOba Monoi Moisturizing Shampoo | EDEN BodyWorks

#EDENTURNS10

EDEN™ BodyWorks

ABOUT US PRODUCTS HAIR STORIES EVENTS BUZZ WHERE TO BUY

what it is how to use ingredients reviews

JOJOBA MONOI MOISTURIZING SHAMPOO

Ingredients: Water (Aqua), Cocoamidopropyl Betaine, Sodium Lauryl Sulfoacetate, Disodium Laureth Sulfosuccinate, PEG-150 Distearate, Coco Nut Oil, Tiare Flower, Simmondsia Chinensis (Jojoba) Seed Oil, Melaleuca Alternifolia (Tea Tree) Leaf Oil, Tocopheryl Acetate (Vitamin E), Aloe Barbadensis Leaf Extract, Panthenol, Disodium EDTA, Cocamidopropyl Oxide, Citric Acid, PPG-20 Methyl Glucose Ether, Phenoxyethanol, Caprylyl Glycol, Sorbic Acid

Price: $8.99 Size: 8 oz.

Qty: 1 Add to Cart

Other Products In This Collection

WRITE A REVIEW READ ALL REVIEWS

http://edenbodyworks.com/products/jojoba-monoi-shampoo[5/22/2015 4:00:36 PM]

VOLUME 162

Decision and Order

JojOba Monoi Revitalizing Conditioner | EDEN BodyWorks

ABOUT US PRODUCTS HAIR STORIES EVENTS BUZZ WHERE TO BUY

what it is how to use ingredients reviews

JOJOBA MONOI REVITALIZING CONDITIONER

Ingredients: Water (Aqua), Cetyl Alcohol, Stearyl Alcohol, Behentrimonium Methosulfate, Coco Nut Oil, Tiare Flower, Simmondsia Chinensis (Jojoba) Seed Oil, Daucus Carota Sativa (Carrot) Seed Oil, Anthemis Nobilis (Camomile) Flower Oil, Melaleuca Alternifolia (Tea Tree) Leaf Oil, Prunus Amygdalus Dulcis (Sweet Almond) Oil, Tocopheryl Acetate (Vitamin E), Aloe Barbadensis Leaf Extract, Hydroxyethylcellulose, Disodium EDTA, Phenoxyethanol, Caprylyl Glycol, Sorbic Acid

Price: $8.99 Size: 8 oz Qty: 1 Add to Cart

Other Products In This Collection

WRITE A REVIEW READ ALL REVIEWS

http://edenbodyworks.com/products/jojoba-monoi-moisturizing-conditioner[5/22/2015 4:01:34 PM]

ABS CONSUMER PRODUCTS, LLC

Decision and Order

DECISION AND ORDER

The Federal Trade Commission (“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 that the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge the respondent with violation of the Federal Trade Commission Act, 15 U.S.C § 45 et seq.; and

The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order (“consent agreement”), a statement that respondent neither admits nor denies any of the allegations in the draft complaint except as specifically stated in the consent agreement, an admission by the respondent of facts necessary to establish jurisdiction for purposes of this action, 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 has reason to believe that the respondent has violated the Federal Trade Commission Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such consent agreement on the public record for a period of thirty (30) days, and having duly considered the comments filed thereafter by interested persons pursuant to Commission Rule 2.34, 16 C.F.R. § 2.34, now in further conformity with the procedure prescribed in Commission Rule 2.34, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

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

VOLUME 162

Decision and Order

ORDER

DEFINITIONS

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

A. Unless otherwise specified, “respondent” shall mean ABS Consumer Products, LLC, a limited liability company, also doing business as EDEN BodyWorks, its successors and assigns, and its officers, agents, representatives, and employees.

B. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 44.

IT IS ORDERED that respondent, 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 product must not make any representation, expressly or by implication, including through the use of a product name, trademark, or trade name, about:

A. whether such product is all natural or 100% natural;

B. the extent to which such product contains any natural or synthetic ingredient or component;

C. the ingredients or composition of such product; or

D. the environmental or health benefits of such product,

unless the representation is non-misleading, including that, at the time such representation is made, the respondent possesses and relies upon competent and reliable evidence, which when appropriate based on the expertise of professionals in the relevant area must be competent and reliable scientific evidence, that is sufficient in quality and quantity based on standards generally accepted in the relevant fields when considered in light of the

ABS CONSUMER PRODUCTS, LLC 43

Decision and Order

entire body of relevant and reliable evidence, to substantiate that the representation is true. For the purposes of this Provision:

1. “competent and reliable evidence” means tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that have been conducted and evaluated in an objective manner by qualified persons, using procedures generally accepted in the profession to yield accurate and reliable results; and

2. “competent and reliable scientific evidence” means tests, analyses, research, or studies that have been conducted and evaluated in an objective manner by qualified persons, using procedures generally accepted in the profession to yield accurate and reliable results.

II.

IT IS FURTHER ORDERED that respondent ABS Consumer Products, LLC, and its successors and assigns, shall, for five (5) years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying:

A. All advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and

C. All tests, reports, studies, surveys, demonstrations, or other evidence in its possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for the representation, including complaints and other communications with consumers or with governmental or consumer protection organizations.

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Decision and Order

III.

IT IS FURTHER ORDERED that respondent ABS Consumer Products, LLC, and its successors and assigns, shall deliver a copy of this order to all current and future principals, officers, directors, and managers, and to all current and future employees, agents, and representatives having responsibilities with respect to the subject matter of this order, and shall secure from each such person a signed and dated statement acknowledging receipt of the order. Respondent shall deliver this order to current personnel within thirty (30) days after the date of service of this order, and to future personnel within thirty (30) days after the person assumes such position or responsibilities. Respondent must maintain and upon request make available to the Federal Trade Commission for inspection and copying all acknowledgments of receipt of this order obtained pursuant to this Part.

IV.

IT IS FURTHER ORDERED that respondent ABS Consumer Products, LLC, and its successors and assigns, shall notify the Commission at least thirty (30) days prior to any change in the limited liability company that may affect compliance obligations arising under this order, including but not limited to a dissolution, assignment, sale, merger, or other action that would result in the emergence of a successor company; the creation or dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this order; the proposed filing of a bankruptcy petition; or a change in the company name or address. Provided, however, that, with respect to any proposed change in the company about which respondent learns less than thirty (30) days prior to the date such action is to take place, respondent shall notify the Commission as soon as is practicable after obtaining such knowledge. Unless otherwise directed by a representative of the Commission in writing, all notices required by this Part shall be emailed to [email protected] or sent by overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW,

ABS CONSUMER PRODUCTS, LLC

Decision and Order

Washington, DC 20580. The subject line must begin: In re ABS Consumer Products, LLC, Docket No. C-4584.

IT IS FURTHER ORDERED that ABS Consumer Products, LLC, and its successors and assigns, within sixty (60) days after the date of service of this order, shall file with the Commission a true and accurate report, in writing, setting forth in detail the manner and form of its own compliance with this order. Within ten (10) days of receipt of written notice from a representative of the Commission, it shall submit additional true and accurate written reports.

VI.

This order shall terminate on July 6, 2036, or twenty (20) 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 Part in this order that terminates in less than twenty (20) years;

B. This order's application to any respondent that is not named as a defendant in such complaint; and

C. This order if such complaint is filed after the order has terminated pursuant to this Part.

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 appeal, then the order will terminate according to this Part as though the complaint had never been 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.

VOLUME 162

Analysis to Aid Public Comment

By the Commission.

ANALYSIS OF CONSENT ORDER TO AID PUBLIC COMMENT

The Federal Trade Commission ("Commission") has accepted, subject to final approval, an agreement containing a consent order as to ABS Consumer Products, LLC, d/b/a EDEN BodyWorks (hereafter "respondent").

The proposed consent order ("order") has been placed on the public record for 30 days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the order and the comments received, and will decide whether it should withdraw the order or make it final.

This matter involves the respondent's advertising for its shampoo, conditioner, and other hair care products. The Commission's complaint alleges that the respondent violated Section 5(a) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 45(a), by falsely representing that these products are "all natural." It also alleges that these products are not "all natural" because they contain one or more synthetic ingredients. Specifically, Coconut Shea All Natural Curl Defining Cream contains the synthetic ingredient Polyquaternium-7. Coconut Shea All Natural Leave In Conditioner contains the synthetic ingredients Polyquaternium-7 and Polyquaternium-37. Coconut Shea Styling Elixir contains the synthetic ingredients Polyquaternium-37, Polyquaternium-11, Phenoxyethanol, and Caprylyl Glycol. Jojoba Monoi Moisturizing Shampoo and Jojoba Monoi Revitalizing Conditioner contain the synthetic ingredients Phenoxyethanol and Caprylyl Glycol.

The order includes injunctive relief that prohibits these alleged violations and fences in similar and related violations. It also

ABS CONSUMER PRODUCTS, LLC 47

Analysis to Aid Public Comment

includes provisions to assist the Commission in monitoring and enforcing compliance with the order.

**Part I** prohibits any representation regarding whether any product is all natural or 100% natural; the extent to which such product contains any natural or synthetic ingredient or component; the ingredients or composition of such product; or the environmental or health benefits of such product, unless the representation is non-misleading. The respondent must have competent and reliable evidence, sufficient in quality and quantity based on standards generally accepted in the relevant fields when considered in light of the entire body of relevant and reliable evidence, to substantiate that the representation is true. When appropriate, based on the expertise of professionals in the relevant area, the substantiation must be competent and reliable scientific evidence. “Competent and reliable evidence” means tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that have been conducted and evaluated in an objective manner by qualified persons, using procedures generally accepted in the profession to yield accurate and reliable results. “Competent and reliable scientific evidence” means tests, analyses, research, or studies that have been conducted and evaluated in an objective manner by qualified persons, using procedures generally accepted in the profession to yield accurate and reliable results.

**Parts II through V** require the respondent to: (1) keep records of advertisements and substantiation relevant to representations covered by Part I; (2) deliver a copy of the order to principals, officers, directors, and managers, and to employees, agents, and representatives having responsibilities with respect to the subject matter of the order; (3) notify the Commission of changes in corporate structure that might affect compliance obligations; and (4) file compliance reports with the Commission.

**Part VI** provides that, with exceptions, the order will terminate in twenty years.

The purpose of this analysis is to facilitate public comment on the order, and it is not intended to constitute an official

VOLUME 162

Analysis to Aid Public Comment

interpretation of the complaint or order, or to modify the order's terms in any way.

BEYOND COASTAL

Complaint

IN THE MATTER OF

BEYOND COASTAL

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

Docket No. C-4585; File No. 162 3001 Complaint, July 6, 2016 – Decision, July 6, 2016

This consent order addresses Beyond Coastal’s advertising for its sunscreen product. The complaint alleges that that the respondent violated Sections 5(a) and 12 of the Federal Trade Commission Act by representing that its sunscreen product is “all natural” even though the sunscreen product is not “all natural” because it contains the synthetic ingredients Dimethicone and Caprylyl Glycol. The consent order prohibits any representation regarding whether any product is all natural or 100% natural; the extent to which such product contains any natural or synthetic ingredient or component; the ingredients or composition of such product; or the environmental or health benefits of such product, unless the representation is non-misleading.

Participants

For the Commission: Robert M. Frisby, Gregory Madden, and John Andrew Singer.

For the Respondent: Sterling McMurrin, President, pro se.

COMPLAINT

The Federal Trade Commission, having reason to believe that Beyond Coastal, a limited liability company, has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent Beyond Coastal is a Utah limited liability company with its principal office or place of business at 2424 South 2570 West, Salt Lake City, Utah 84119.

2. Respondent has advertised, labeled, offered for sale, sold, and distributed products to consumers, including Natural Sunscreen SPF 30. This sunscreen product is a “drug” within the

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