A brief follow-up to the FTC – Kmart case regarding Dyna-E International’s Lightload Towel Brand from our previous post “FTC Bamboozles The Public on Bamboo Fabric.”
Despite Dyna-E International’s Lab Results to “scientifically substantiate” that their product is in fact biodegradable, the FTC stood their ground on the basis that anything that is disposed of in a “customary manner” would not be considered biodegradable.
The FTC proudly dispersed their press release on August 27th stating the following:
“The FTC’s “Green Guides” have advised marketers that to make unqualified biodegradable claims, they must have scientific evidence that their product will completely decompose within a reasonably short period of time under customary methods of disposal. In all three complaints, the FTC alleged that the companies’ products typically are disposed in landfills, incinerators, or recycling facilities, where it is impossible for these products to biodegrade within a reasonably short time.”
The Evidence:
The lab results clearly show that the towels are biodegradable, and in a “relatively short period of time”. In fact, under a mere 38 day incubation period, the samples were visually disintegrated and more than 90% of the theoretical yield was recovered as inorganic carbon. Now that’s a remarkable time frame for biodegradation.
“Samples of a viscose rayon fabric marketed as “Lightload Towels” were tested for biodegradability under anoxic conditions by the standard OECD 311 protocol. Thus, the product was rapidly and ultimately biodegradable by standard definitions. Because the anaerobic assay simulates the most challenging conditions, and because of the extensive scientific publications on biodegradation of “viscose rayon”, it is reasonable to assume that the product, excluding packaging, is biodegradable in virtually any biologically-active environment, including soils, aquatic habitats, sewage, and biologically-active landfill conditions.”
The Catch:
Although they are biodegradable “in a relatively short period of time” as the FTC requires, this would not be possible if they were disposed of in our customary landfills that are not designed to accommodate biodegradable products. Isn’t that a shame?
The Conclusion:
As we continue to maintain…according to the FTC, nothing can be claimed as biodegradable any longer because of our “customary methods of disposal” in the United States. Therefore, wouldn’t it just be easier for the FTC to put out a mass press release to the media informing all businesses that the term “biodegradable“ can no longer exist on marketing materials, period?
The Bottom Line:
So where then is the motivation for businesses to “go green” and make their products more eco-friendly and biodegradable if the FTC will not allow them to make this claim? The FTC is ultimately hindering environmental progress, in that companies have no motivation to spend their money on research and development, knowing that their product will not meet the FTC’s grossly irresponsible definition of biodegradable. Who is to gain from this? Certainly not the consumers who the FTC touts they are out to protect.
The real focus needs to be on modifying our landfills, and until such time, the FTC would best serve consumers by creating reasonable guidelines as to what is considered “biodegradable”.
