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ECM BIOFILMS, INC. v. F.T.C.

No. 15-4339.

851 F.3d 599 (2017)

ECM BIOFILMS, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 16, 2017.

Attorney(s) appearing for the Case

ARGUED: Jonathan W. Emord, EMORD & ASSOCIATES, P.C., Clifton, Virginia, for Petitioner. Theodore Metzler, FEDERAL TRADE COMMISSION, Washington, D.C., for Respondent. ON BRIEF: Jonathan W. Emord, Peter A. Arhangelsky, EMORD & ASSOCIATES, P.C., Clifton, Virginia, for Petitioner. Theodore Metzler, FEDERAL TRADE COMMISSION, Washington, D.C., for Respondent. Steven J. Grossman, GROSSMAN, TUCKER ET AL, Manchester, New Hampshire, for Amicus Curiae.

Before: WHITE and STRANCH, Circuit Judges; MICHELSON, District Judge.

OPINION

ECM BioFilms, Inc. manufactures an additive that it claims accelerates the rate at which plastic biodegrades. In October 2013, the Federal Trade Commission (FTC) filed an administrative complaint against ECM, which alleged that several of ECM's biodegradability claims were deceptive. The full Commission...

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