In the end, the Federal Trade Commission bars the companies from making unsubstantiated emission-free and VOC-free claims unless, at all times during application and thereafter, “both content in and emissions from their paints are actually zero, or emissions are at ‘trace’ levels, as defined in the orders.”
The final FTC orders prohibit the companies from making other unsupported health and environmental claims and require Benjamin Moore and ICP Construction to disclose that seals appearing in their promotional materials are their own designations.
FTC General Business Guidance
Due to the pervasive nature of the problem, the FTC provides additional guidance and clarifications. For example, in substantiating VOC-free claims and emission-free paint claims, companies must adhere to the following: 1) demonstrating the paint contains zero VOCs, and emits and produces zero chemicals at all times, beginning at application; or 2) alternatively, satisfying the “trace level of emission” test beginning at application or thereafter.
