Sham VOC-Free Claims

Four paint companies — Benjamin Moore & Co., Inc., ICP Construction Inc., YOLO Colorhouse, LLC, and Imperial Paints, LLC — allegedly mislead consumers through declarations that their products are free of emissions and volatile organic compounds (VOCs). In other words, VOC-Free.

The companies claim their paints do not emit VOCs and other chemicals, including during and immediately after application. Furthermore, marketing materials boast explicit safety claims surrounding pregnant women, children and other vulnerable populations. The problem, however, is that the companies are unable to support these claims.

The Federal Trade Commission further charges the companies with perpetuating the deception through marketing collateral. Specifically, the FTC alleges the companies provide retailers with marketing materials containing the misleading claims. Additionally, in its complaints against Benjamin Moore and ICP Construction, the FTC alleges the companies market their paint utilizing an internally accredited environmental seal. For clarification, the companies use a non-industry regulated seal. In other words, the seal is meaningless and the companies do not disclose this material fact to the public.