ECM BioFilms, Inc., also d/b/a Enviroplastics International, In the Matter of

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Last Updated

March 16, 2017

In the Matter of ECM BioFilms, Inc., a corporation, also doing business as Enviroplastics International

FTC Matter/File Number

122 3118

Docket Number

9358

Case Timeline

March 16, 2017

Opinion of the Sixth Circuit Court of Appeals Denying ECM Biofilms' Petition for Review of the Commission's Opinion (210.31 KB)

May 5, 2016

ECM Biofilms, Inc. v. Federal Trade Commission (6th Cir.), Brief of the Federal Trade Commission, 15-4339 (496.66 KB)

December 8, 2015

Commission Order Granting Respondent's Application To Stay Final Order Pending Judicial Review (32.78 KB)

November 23, 2015

Respondent ECM Biofilms’ Reply to Complaint Counsel’s Opposition to Respondent’s Application for Stay Pending Judicial Review (121.8 KB)

November 18, 2015

Complaint Counsel’s Opposition to Respondent’s Application for a Stay Pending Judicial Review (59.81 KB)

November 9, 2015

Respondent ECM Biofilms’ Application For Stay Pending Judicial Review (3.29 MB)

Respondent ECM Biofilms’ Motion for In Camera Treatment of Information in ECM’s Application For Stay (1.11 MB)

October 19, 2015

Final Order (35.27 KB)

PUBLIC STATEMENT: Opinion of the Commission, By Commissioner Terrell McSweeny - In the Matter of ECM BioFilms

PUBLIC STATEMENT: Partial Dissent of Commissioner Maureen K. Ohlhausen - In the Matter of ECM BioFilms, Inc

PRESS RELEASE: FTC Concludes ECM BioFilms Made False, Misleading, and Unsubstantiated Claims About the Biodegradability of Plastic Products Treated with Its Additive

October 2, 2015

Commission Order Extending Time Period For Issuing Final Decision and Order (9.54 KB)

July 31, 2015

Commission Order Extending Time Period For Issuing Final Decision and Order (5 KB)

July 7, 2015

Complaint Counsel's Response to ECM's Supplemental Brief (495.76 KB)

ECM's Response to Complaint Counsel's Supplemental Brief (14.21 MB)

June 23, 2015

Complaint Counsel's Amended Supplemental Brief Responding to Issues Raised by the Commission (4.69 MB)

June 22, 2015

Complaint Counsel's Supplemental Brief Responding to Issues Raised by the Commission (6.08 MB)

Respondent's Supplemental Brief to the Commission (283.12 KB)

May 29, 2015

Commission Order Scheduling Supplemental Briefing and Denying Correction Regarding Statements Made During Oral Argument (17.78 KB)

May 21, 2015

Respondent's Opposition to Complaint Counsel's Correction Regarding Statements Made During Oral Argument (1.08 MB)

May 19, 2015

Complaint Counsel's Correction Regarding Statements Made During Oral Argument (494.93 KB)

May 7, 2015

Complaint Counsel's Compilation of Materials to Facilitate Oral Argument Presentation (632.1 KB)

April 14, 2015

Commission Order Scheduling Oral Argument (13.42 KB)

April 9, 2015

Respondent ECM Biofilms' Brief in Reply to Complaint Counsel's Answering Brief (1.04 MB)

Complaint Counsel's Reply Brief to Respondent's Answering Brief (1.46 MB)

March 31, 2015

Respondent ECM Biofilms' Brief in Answer to Complaint Counsel's Appeal (1.43 MB)

Complaint Counsel's Answering Brief (1.03 MB)

March 2, 2015

Respondent ECM Biofilms' Opposition to Motion of Californians Against Waste for Leave to File Amicus Curiae Brief (204.57 KB)

February 27, 2015

Complaint Counsel's Appeal Brief (313.05 KB)

Motion of Californians Against Waste for Leave to File Amicus Curiae Brief in Support of Position of Complaint Counsel (7.56 MB)

Respondent ECM Biofilms’ Brief on Appeal from the Initial Decision of Chief Administrative Law Judge D. Michael Chappell (649.43 KB)

Notice of Appearance filed by Counsel or Representative for a Third Party (1005.05 KB)

February 25, 2015

Commission Order Extending Word Count Limitations (10.72 KB)

February 24, 2015

Joint Motion For Extension Of Word Count Limitation (947.28 KB)

February 24, 2015

Joint Motion for Extension of Word Count Limitation (176 KB)

February 10, 2015

Complaint Counsel’s Notice of Appeal (950.77 KB)

February 6, 2015

Initial Decision by Chief Administrative Law Judge D. Michael Chappell Filed on January 28, 2015 (4.62 MB)

NOTICE OF APPEAL (529.88 KB)

PRESS RELEASE: Administrative Law Judge Issues Initial Decision in the ECM Biofilms, Inc. Case

December 19, 2014

Order Extending Time for Filing Initial Decision Pursuant to Commission Rule 3.51 (580.45 KB)

November 18, 2014

Administrative Law Judge’s Order Denying Motion by Non-Party for Cost Reimbursement (2.25 MB)

November 14, 2014

Motion for Cost Reimbursement to Third Party Subpoenaed by Respondents and Affidavit of Steven Mojo (6.29 MB)

November 13, 2014

Notice of Appearance filed by Counsel or Representative for Third Party, Steven Mojo and Biodegradable Products Inst (BPI) (165.95 KB)

November 11, 2014

Respondent ECM Biofilm’s Opposition to Motion for Cost Reimbursement to Non-party Subpoenaed by Respondent and Affidavit of Steven Mojo (3.82 MB)

October 20, 2014

Complaint Counsel’s Corrected Reply Findings of Fact1 (2.36 MB)

October 16, 2014

Respondent ECM BioFilms’ Reply to Complaint Counsel’s Post-trial Brief (1.61 MB)

Respondent ECM BioFilms’ Reply to Complaint Counsel’s Proposed Findings of Fact (1.68 MB)

Compliant Counsels Errata Sheet (921.04 KB)

Complaint Counsel’s Reply Findings of Fact (2.34 MB)

Complaint Counsel’s Post-trial Reply Brief (1.66 MB)

September 30, 2014

Complaint Counsel’s Proposed Findings of Facts and Conclusions of Law (2.29 MB)

September 26, 2014

Complaint Counsel’s Amended Post-Trial Brief (3.84 MB)

September 25, 2014

Complaint Counsel’s Proposed Findings of Facts and Conclusions of Law (554.7 KB)

DEFINITIONS (101.33 KB)

Complaint Counsel’s Post-trial Brief (3.35 MB)

Respondent ECM BioFilms’ Proposed Findings of Fact and Conclusions of Law, & Post-Trail Brief (3.99 MB)

September 5, 2014

Administrative Law Judge’s Order Denying Complaint Counsel's Motion for Leave to Call Rebuttal Fact Witnesses and Respondent's Request to Bar Rebuttal Expert Witness (1.91 MB)

Administrative Law Judge’s Order Denying Motion for In Camera Treatment (234.28 KB)

September 4, 2014

Administrative Law Judge’s Order Closing Hearing Record (26.94 KB)

Joint Stipulation of the Parties Concerning Scientific Definitions (975.26 KB)

Joint Stipulations on Admissibility of Exhibits (1.12 MB)

September 3, 2014

Administrative Law Judge’s Order on Post-Trial Briefs (997.72 KB)

August 26, 2014

Motion of Third Party Google Inc. For In Camera Treatment of Testimony Regarding Competitively Sensitive Business Information (5.42 MB)

Notice of Appearance Filed by Counsel or Representative for Third Party Google Inc (111.58 KB)

Respondent ECM BioFilm’s Motion to Extend Page Count In Response to Complaint Counsel’s Motion for Leave to Call Rebuttal Fact Witnesses and Motion to Prohibit Dr. Michel from Testifying as a Rebuttal Expert Witness (1.67 MB)

August 25, 2014

Complaint Counsel's Motion for Leave to File the Attached Motion to Call Rebuttal Fact Witnesses In Excess of the Word Count (5.59 MB)

August 5, 2014

Administrative Law Judge’s Order Memorializing Bench Rulings (35.36 KB)

August 4, 2014

Order on Respondent’s Renewed Motion for In Camera Treatment (555.36 KB)

August 1, 2014

Complaint Counsel’s Opposition to Respondent’s Renewed Motion for In Camera Treatment of Proposed Trial Exhibits (273.19 KB)

Respondent’s Renewed Motion for In Camera Treatment of Certain Proposed Trial Exhibits (1.21 MB)

July 30, 2014

Respondent ECM BioFilm’s Pretrial Brief (1.94 MB)

July 28, 2014

Parties’ Final Stipulations of Law, Facts, and Authenticity (977.42 KB)

July 24, 2014

Notice of Appearance filed by Counsel or Representative for the Respondent ECM BioFilms (31.46 KB)

July 23, 2014

Administrative Law Judge’s Order on Respondent’s Combined Motion for Sanctions to Exclude Expert Witness, and for Leave (203.83 KB)

Administrative Law Judge’s Order Granting Motion to Serve Subpoena Duces Tecum on Dr. Stephen McCarthy (152.9 KB)

Administrative Law Judge's Order on Respondent’s Motion For In Camera Treatment (210.05 KB)

July 22, 2014

Respondent ECM BioFilm’s Supplement to Motion for Sanctions, to Exclude Complaint Counsel’s Rebuttal Witness, and for Leave to Include Surrebuttal Report (970.85 KB)

Complaint Counsel’s Opposition to Respondent’s Motion for Leave to File a Reply (93.74 KB)

Administrative Law Judge’s Order on Respondent's Motion for Leave to Call an Expert Witness Out of Turn or Fora Brief Recess during the Hearing (685.38 KB)

July 21, 2014

Respondent ECM Biofilm’s Motion for Leave to File Reply to Complaint Counsel’s Opposition to Respondent’s Motion to Recess The Trial or Begin the Trial with its Expert (10.87 MB)

July 18, 2014

Respondent’s Objections to Complaint Counsel’s Final Proposed Witness List (641.18 KB)

Administrative Law Judge’s Order Denying Compliant Counsel’s Motion to Compel Discovery Withheld by Dr. David Stewart (167.96 KB)

Administrative Law Judge’s Order Requiring Expedited Response (30.25 KB)

Respondents Objections to Complaint Counsel’s Final Proposed Exhibts (3.43 MB)

Complaint Counsel’s Objections to Respondent’s Final Proposed Exhibit List and Witness List and Notice of Revised Final Proposed Exhibit List with Expert Exhibits (2.19 MB)

July 17, 2014

Complaint Counsel's Opposition to Respondent's Motion for Leave to File a Reply (608.5 KB)

Respondent ECM BioFilm’s Motion for Leave to Call an Expert Witness Out of Turn or, In the Alternative, for a Brief Recess during the Hearing in Order to Allow Respondent’s Expert Witness Dr. David Stewart to Testify (1002.96 KB)

Complaint Counsel’s Opposition To Respondent’s Motion for Leave to Serve Subpoena Duces Tecum on Dr. Stephen McCarthy (3.92 MB)

July 16, 2014

Respondent's Motion for Leave to File a Reply to Complaint Counsel's Opposition to Respondent's Motion for In Camera Treatment of Proposed Trial Exhbits (2.03 MB)

July 15, 2014

Complaint Counsel’s Opposition to Respondent’s Motion for In Camera Treatment of Proposed Trial Exhibits (938.79 KB)

July 14, 2014

Respondent ECM BioFilm’s Motion In Limine and Memorandum In Support to Exclude Three Decisions by the National Advertising Division of the Council of Better Business Bureaus (2.08 MB)

Administrative Law Judge’s Order Granting Joint Motion to Extend Deadline to File Expert Witness Related Motions In Limine (47.97 KB)

Respondent ECM BioFilm’s Motion In Limine and Memorandum in Support to Exclude the Italian Antitrust Authority’s Decision (1.22 MB)

Respondent ECM BioFilm’s Motion In Limine and Memorandum in Support to Exclude Documents Concerning the European Colplast Litigation (5.36 MB)

Joint Motion to Extend the Deadline to File Expert Witness Related Motions In Limine (926.37 KB)

July 11, 2014

Respondent’s Motion for In Camera Treatment of Certain Proposed Trial Exhibits (1.71 MB)

Administrative Law Judge’s Order Denying Complaint Counsel’s Motion For Leave to Take the Deposition of Alan Johnson (160.09 KB)

July 10, 2014

Respondent ECM BioFilm’s Opposition to Complaint Counsel’s Motion For Leave to Take the Deposition of Alan Johnson (2.25 MB)

Complaint Counsel's Reply to Respondent's Opposition to Complaint Counsel's Motion for Leave To take the Deposition of Alan Johnson (1.49 MB)

July 9, 2014

Complaint Counsel's Motion to Compel Discovery Wrongly Withheld by Dr. David Stewart [Redacted Public Version] (3.28 MB)

Respondent ECM BioFilm’s Motion to Extend the Word Count Limit (14.37 MB)

July 8, 2014

Respondent's Renewed Motion for Leave to Serve Subpoena Duces Tecum on Dr. Stephen McCarthy (22.27 MB)

July 3, 2014

Complaint Counsel's Motion for Leave to Take the Deposition of Alan Johnson (625.51 KB)

June 16, 2014

Notice of Appearance filed by Counsel Supporting the Complaint (603.86 KB)

June 10, 2014

Administrative Law Judge’s Order Denying Without Prejudice Respondent's Motion For Leave to Serve Subpoenas Duces Tecum (1023.3 KB)

June 9, 2014

Notice of Appearance filed by Counsel or Representative For the Respondent ECM Biofilms, Inc. (620.08 KB)

June 5, 2014

Opposition to Respondent's Motion for Leave To Serve Subpoenas On Complaint Counsel's Experts Out of Time (3.99 MB)

June 4, 2014

Respondent's Motion for Leave to Serve Subpoenas Duces Tecum Bearing the Commission Seal to Complaint Counsel’s Testifying Experts (11.96 MB)

Administrative Law Judge’s Order Requiring Expedited Response (30.68 KB)

June 2, 2014

Administrative Law Judge’s Order Denying Respondent's Motion to Compel Expert Witnesses' Responses to Subpoenas Duces Tecum (744.84 KB)

May 30, 2014

Respondent’s Motion for Leave to File a Reply to Complaint Counsel’s Opposition to Respondent’s Motion to Compel Expert Response to Subpoenas Duces Tecum (988.91 KB)

May 28, 2014

Complaint Counsel’s Opposition to Respondent’s Motion to Compel Expert Response to Subpoenas Dues Tecum (6.12 MB)

May 22, 2014

Third Revised Scheduling Order (140.03 KB)

May 20, 2014

Respondent’s Motion to Compel Expert Response to Subpoenas Duces Tecum (13.72 MB)

May 15, 2014

Joint Notice Regarding Expert Discovery (70.48 KB)

Joint Motion for Entry of an Order Excluding Rod Alire as a Witness (79.15 KB)

May 7, 2014

Joint Motion for Entry of Proposed Order Approving Stipulation as to Admissibility of Certain Evidence (707.85 KB)

May 1, 2014

Joint Motion for Entry of Proposed Order Approving Stipulation as to Admissibility of Certain Evidence (573.11 KB)

April 29, 2014

Notice of Appearance by Counsel Supporting the Complaint (688.15 KB)

April 28, 2014

Notice of Appearance by Counsel for Non-Party D&W Fine Pack, LLC (203.13 KB)

April 25, 2014

Notice of Appearance by Corporate Representative for Respondent ECM Biofilms, Inc. (807.99 KB)

April 24, 2014

Administrative Law Judge's Order on Complaint Counsel’s Motion for a Protective Order and Respondent’s Cross-Motion to Revise Protective Order (415.75 KB)

April 23, 2014

Complaint Counsel's Response to Respondent's Cross Motion to Modify Protective Order (1.21 MB)

April 21, 2014

Administrative Law Judge's Order Requiring Expedited Response (103.51 KB)

Complaint Counsel's Emergency Motion for a Protective Order (4.64 MB)

April 17, 2014

Administrative Law Judge’s Order Granting Joint Motion to Reschedule Pretrial Conference and Adjust Scheduling Dates (402.87 KB)

April 16, 2014

Joint Motion to Reschedule Pretrial Conference and Adjust Scheduling Dates (631.01 KB)

April 10, 2014

Second Revised Scheduling Order (551.72 KB)

April 9, 2014

Administrative Law Judge's Order Denying Respondent’s Motion for Sanctions for Unauthorized Dissuasion of Response to Subpoena Duces Tecum (6.03 MB)

April 8, 2014

Commission Order Rescheduling Hearing Date To August 5, 2014 (41.08 KB)

April 7, 2014

Administrative Law Judge's Order Denying Respondent's Motion to Sanction Complaint Counsel for Violation of Discovery Rules (1.48 MB)

April 4, 2014

Administrative Law Judge's Order Granting Joint Motion for Entry of Stipulations Regarding Email Attachments (710.78 KB)

Respondent's Opposition to Complaint Counsel's Motion for Leave to Respond to ECM's Third Supplement to Motion for Sanctions (181.16 KB)

April 3, 2014

Complaint Counsel's Response To ECM's Third Supplement to Its Second and Third Motions To Exclude the Ohio State Study (1.32 MB)

Respondent's (Second) Supplement to Motion to Sanction Complaint Counsel for Unauthorized Dissuasion of Response to Subpoena Duces Tecum [Redacted Public Version] (169.44 KB)

April 1, 2014

Administrative Law Judge's Order on Complaint Counsel’s Motion to Certify Scheduling Issues to the Commission and Request for Interim Relief (1.3 MB)

Administrative Law Judge's Revised Scheduling Order (626.77 KB)

Joint Motion for Entry of Proposed Order Based on Stipulations Regarding Certain Email Attachments (209.64 KB)

Respondent’s (Third) Supplement to Motion to Sanction Complaint Counsel for Unauthorized Dissuasion of Response to Subpoena Duces Tecum (306.73 KB)

March 28, 2014

Complaint Counsel’s Amended Opposition to Respondent’s Second and Third Motions to Exclude the Ohio State Study (5.98 MB)

Respondent's Opposition to O.W.S., Inc.'s Motion to Quash and/or Limit Subpoena Duces Tecum [Redacted Public Version] (4.49 MB)

Administrative Law Judge’s Order On Respondent's Motion to Compel (113.35 KB)

March 27, 2014

Administrative Law Judge's Order on Non-Party O.W.S. Inc.’s Motion to Quash or Limit Subpoena Duces Tecum (707.55 KB)

Complaint Counsel's Opposition to Respondent's Second and Third Motions to Exclude Ohio State Study (4.07 MB)

March 26, 2014

Notice of Appearance by Non-Parties Accutech Films, Inc. and Fortune Plastics, Inc. (601.45 KB)

Administrative Law Judge's Order On Respondent's Motion To Compel (113.34 KB)

March 25, 2014

Respondent's Motion to Compel and to Sanction Complaint Counsel for Violation of Discovery Rules [Redacted Public Version] (7.72 MB)

Respondent's Motion to Sanction Complaint Counsel for Unauthorized Intentional Dissuasion of Response to Subpoena Duces Tecum [Redacted Public Version] (6.84 MB)

Respondent's Supplement to Motion to Sanction Complaint Counsel for Unauthorized Dissuasion of Response to Subpoena Duces Tecum (610.15 KB)

March 21, 2014

Administrative Law Judge's Order Granting in Part and Denying in Part Respondent's Motion for Sanctions (703.93 KB)

March 19, 2014

Respondent's Clarification Concerning Bio-Tec's Motion to Quash Subpoena Duces Tecum (286.44 KB)

March 18, 2014

Administrative Law Judge's Order Denying Respondent's Motion for Protective Order (1.26 MB)

Administrative Law Judge's Order on Non-Party Bio-Tec's Motion to Quash Subpoena Duces Tecum (292.11 KB)

Complaint Counsel's Motion to Extend the Word Count Limit (879.86 KB)

Complaint Counsel's Motion To Certify Scheduling Issues to the Commission and Request for Interim Relief (2.34 MB)

March 14, 2014

Administrative Law Judge's Order Regarding FTC Rule 3.45(e) (178.91 KB)

March 13, 2014

Complaint Counsel's Clarification Regarding Respondent's Sanctions Motion (367.5 KB)

March 12, 2014

O.W.S. Inc.'s Motion to Quash and/or Limit Subpoena Duces Tecum and for an Award of Expenses (3.32 MB)

March 11, 2014

Administrative Law Judge’s Order on Complaint Counsel’s Renewed Motion to Compel and Motion for Sanctions (492.22 KB)

Notice of Appearance by Non-Party O.W.S. Inc. (150.47 KB)

March 6, 2014

Complaint Counsel's Response to Respondent's First Set of Request for Admissions (816.58 KB)

Respondent’s Opposition to Complaint Counsel’s Motion to Compel and For Sanctions (1.97 MB)

February 28, 2014

Complaint Counsel’s Renewed Motion to Compel and Motion for Sanctions (2.23 MB)

Respondent's Motion for Sanctions (4.19 MB)

Non-Party Bio-Tec Environmental LLC's Motion to Quash Subpoena Duces Tecum (2.23 MB)

February 25, 2014

Notice of Appearance by Counsel for Non-Party Bio-Tec Environmental, LLC (602.79 KB)

February 24, 2014

Joint Stipulation to Exclude Certain Witnesses (82.72 KB)

February 21, 2014

Respondent ECM Biofilm’s Motion for Protective Order (2.51 MB)

February 7, 2014

Withdrawal of Joint Motion (163.67 KB)

Complaint Counsel’s Withdrawal of Motion to Compel Respondent to Produce Documents (246.55 KB)

February 6, 2014

Complaint Counsel’s Reply to Respondent’s Response to Motion to Compel Production of Documents (2.91 MB)

Joint Motion to Reset the Fact Discovery Deadline (115.03 KB)

February 4, 2014

Respondent's Opposition to Complaint Counsel's Motion to Compel (2.37 MB)

Respondent's Opposition to Complaint Counsel's Motion for Sanctions (457.25 KB)

Administrative Law Judge's Order Granting in Part and Denying in Part Complaint Counsel's Motion for Sanctions (294.86 KB)

January 31, 2014

Complaint Counsel's Reply to Respondent's Response to Motion to Compel Production of Documents (1.59 MB)

January 29, 2014

Administrative Law Judge’s Order Requiring Reply (136.58 KB)

January 28, 2014

Complaint Counsel’s Motion for Sanctions Based on Respondent’s Refusal to Comply with the Court’s January 10, 2014 Order (3.87 MB)

January 23, 2014

Complaint Counsel’s Motion to Compel Respondent to Produce Documents (4.59 MB)

January 14, 2014

Administrative Law Judge’s Order on Complaint Counsel’s Motion to Place Discovery Motions on the Public Record (219.44 KB)

January 10, 2014

Administrative Law Judge’s Order Denying Respondent's Motion For Protective Order and Granting Complaint Counsel’s Cross-Motion To Compel (1.33 MB)

January 6, 2014

Respondent ECM BioFilms, Inc.’s Opposition to Complaint Counsel’s Cross-Motion to Compel Respondent to Disclose (1.43 MB)

Respondent ECM BioFilms, Inc.’s Opposition to Complaint Counsel’s Motion to Place Discovery Motions on the Public Record (1.06 MB)

January 3, 2014

Complaint Counsel’s Opposition to Respondent's Motion for Protective Order and Cross-Motion to Compel Respondent to Disclose Customer and Distributor Names (3.68 MB)

December 19, 2013

Respondent’s Supplemental Answers to Complaint Counsel’s First Request for Admissions (473.17 KB)

December 13, 2013

Respondent's Answer to Complaint Counsel's First Request for Admissions (834.84 KB)

December 12, 2013

Notice of Appearance and Certificate of Eligibility to Appear (327.22 KB)

November 27, 2013

Complaint Counsel's First Request for Admissions to ECM Biofilms, INC (399.53 KB)

November 21, 2013

Administrative Law Judge’s Scheduling Order (536.85 KB)

November 18, 2013

Respondent’s Certificate of Eligibility to Appear Before Commission (590.85 KB)

November 15, 2013

Notice of Appearance Filed by Counsel Supporting the Complaint (165.67 KB)

Answer and Affirmative Defenses of Respondent ECM Biofilms, Inc. (1.56 MB)

Administrative Law Judge’s Order Setting Scheduling Conference (37.11 KB)

November 1, 2013

Notice of Appearance Filed by Counsel for Respondent ECM BioFilms, Inc. et al (1001.62 KB)

October 29, 2013

Administrative Part 3 Complaint (382.07 KB)

Complaint Exhibits 1-4 (4.3 MB)

ECM BioFilms Order Designating Administrative Law Judge (26.25 KB)

ECM BioFilms Protective Order Governing Discovery (196.68 KB)

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ECM BioFilms, Inc., also d/b/a Enviroplastics International, In the Matter of

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