Consumer Law

After entering into a consent with the Federal Trade Commission for its collection and use of data from some of its My SHC Community members, Sears is involved in a second consent with the FTC, this time over environmental claims by Kmart.  According to Commission complaints, Kmart, a unit of Sears Holdings Corp., Tender Corp. and Dyna-E International all made false and unsubstantiated claims that their paper products were "biodegradable."  The Commission has been clear that unqualified biodegradable claims require scientific evidence that the product will completely decompose within a reasonably short period of time under customary methods of disposal. In the three complaints, the FTC alleged that the defendants? products typically are disposed in landfills, incinerators, or recycling facilities, where it is impossible for waste to biodegrade within a reasonably short time.