STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS IN THE MATTER OF: CASE Nos. L08-3-1023 PROFESSIONAL LABORATORIES, INC. a Florida corporation d/b/a PRO LAB, Inc., a registered Florida ?ctitious name, Respondent. ASSURANCE OF VOLUNTARY COMPLIANCE PURSUANT TO Chapter 501, Part II, ?The Florida Deceptive and Unfair Trade Practices Act,? and ?817.4l, Florida Statutes (2007), the STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS (hereafter the ?Department?) investigated the advertising practices of PROFESSIONAL LABORATORIES, INC, a Florida corporation d/b/a/ PRO LAB, INC, a registered Florida ?ctitious name (Hereinafter collectively referred to as ?Respondent?). Respondent is prepared to enter into this Assurance of Voluntary Compliance (hereinafter referred to as without an admission of wrongdoing and for the purpose of resolving this matter only. The Department, by and through its undersigned counsel accepts this AVC in resolution of the above referenced investigation pursuant to 501. 207(6), Florida Statutes (2008), and does hereby terminate its investigation by virtue of the authority vested in the Department by said statutes. A Initials STIPULATED FACTS 1.1 Professional Laboratories, Inc. is a Florida corporation located in Weston, Broward County, Florida, that does business as Pro Lab, Inc., a registered Florida ?ctitious name. 1.2 At all times during the course of this investigation, Respondent was engaged in by manufacturing and selling environmental home test kits that test for home and of?ce pollutants. Among the several test kits marketed directly to the public, Respondent manufactures the ?Lead Surface Test Kit.? 1.3 From at least March of 2004 until March of 2008, Respondent?s Lead Surface Test Kit Web Page stated, ?As Used by the EPA and H.U.D for its Accuracy.? 1.4 This statement is material in that it is likely to affect a consumer?s choice or conduct regarding the purchase of the ?Lead in Surface? test kit because the entities cited are governmental entities. 1.5 The Respondent has no documentation from these governmental entities illustrating the endorsement of this product or their usage, other than for testing purposes. 1.6 Neither the EPA nor H.U.D use or endorse the Respondent?s Lead Surface Test Kit. DEFINITIONS 2.1 The term ?Advertisement? and ?Advertising? as de?ned by Section Florida Statutes, ?Advertising? (including ?advertisement? and ?advertise?) means any message created and published directly to the general public or any segment thereof that promotes or is likely to promote directly or indirectly any good, public or any segment thereof. The term ?advertising? includes messages conveyed, and includes but is not limited to, messages conveyed visually, orally, or in writing. 2.2 The acronym is de?ned as Environmental Protection Agency. 2.3 The acronym is de?ned as United States Department of Housing and Urban Development. 2.4 The term ?Consumer? is de?ned as an individual residing in the State of Florida. 2.5 The term ?Material? is de?ned as a statement, claim, term, act, practice, or representation that is likely to affect a consumer?s choice or conduct regarding the purchase or lease of a good or service. 2.6 The term ?Misleading Advertising,? as de?ned by Section Florida Statutes, shall mean any statements made, or disseminated, in oral, written, or printed form or otherwise, to or before the public, or any portion thereof, which are known, or through the exercise of reasonable care or investigation could or might have been ascertained, to be untrue or misleading, and which are or were so made or disseminated with the intent or purpose, either directly or indirectly, of selling or disposing of real or personal property, services of any nature whatever, professional or otherwise, or to induce the public to enter into any obligation relating to such property or services. 2.7 The term ?World Wide Web? is de?ned as the network of Web Pages, images, texts and sounds on the Internet which can be viewed by consumers using any browser software. Initi INJUNCTIVE TERMS 3.1 Respondent is on notice and shall comply with CHAPTER 501, Part II, ?the Florida Deceptive and Unfair Trade Practices Act?, speci?cally 501.204, Florida Statutes (2008). In this regard, Respondent agrees that it shall be an unfair or deceptive act or practice to advertise or promote any product with a false statement of approval and/or af?liation between a governmental entity and the product. 3.2 Respondent is on notice and shall comply with ?817.41, Misleading Advertisement, Florida Statutes (2008). In this regard, Respondent agrees to also abide by all relevant rules promulgated by the Federal Trade Commission and the State of Florida as may be applicable to Respondent?s advertisement practices. 3.3 Respondent shall be responsible for making the substantive terms and conditions of this Assurance of Voluntary Compliance known to the of?cers, directors, partners, employees, agents, representatives, licensees, franchisees, independent contractors, successors and assigns, engaged in Respondent?s advertising and marketing activities. MONETARYLERMS 4.1 Respondent is directed to pay the Department the total sum of TWENTY THOUSAND DOLLARS for reimbursement of its attorney?s fees, future monitoring and costs of investigation. The sum shall be made by certi?ed or cashier?s check, payable to the Department of Legal Affairs Revolving Trust Fund, and shall be sent with this signed AVC, to: Rebecca H. Sirkle, Assistant Attorney General, Of?ce of the Attorney General, 135 West Central Blvd, Suite 1000, Orlando, Florida, 801. Initia Upon receipt, the check shall be deposited into the Department of Legal Affairs Revolving Trust Fund, in accordance with Section 501 .2101(1), Florida Statutes. FUTURE VIOLATIONS 5.1 In consideration for the ful?llment of the injunctive and monetary obligations set forth above, no penalties are to be imposed under this AVC by the Department. However, the Attorney General reserves the right to seek penalties under Chapter 501, Part 11, Florida Statutes (2008), for any future violations of the injunctive terms contained within this agreement. Additionally, the Attorney General reserves the right to seek attomey?s fees and costs in the event of any future non?compliance. Finally, pursuant to Section 501.207, Florida Statutes, a violation of this AVC is prima facie evidence of a violation of the Florida Deceptive and Unfair Trade Practices Act, Section 501, Part 11, Florida Statutes (2008). APPLICABILITY 6.1. This AVC shall apply to and bind Respondent?s of?cers, directors, employees, agents, representatives, independent contractors, successors and assigns. 6.2. Respondent shall not affect any change in the form of doing business or organizational identity as a method of avoiding the terms and conditions set forth in this Assurance of Voluntary Compliance. This provision should not be construed to prevent Respondent from changing its form of doing business so long as the successor business is bound by the provisions of this agreement. new Director of Economic Crimes, together with the accompanying funds. The Director has ?nal authority to approve or disapprove the entry of this AVC. Should the Director or her authorized designee decline to authorize and execute this AVC, the funds shall be returned. This AVC shall become effective upon the execution of the Director?s signature, who may refuse to accept it at her discretion. CONSTRUCTION 8.1. The Department has not approved of Respondent?s past, current, or future sales, service, or advertising practices and no portion of this AVC shall be construed of such approval. 8.2. Nothing herein shall be construed as a waiver of any private rights, causes of action, or remedies of any private person against the Respondent. 8.3. The parties jointly participated in the negotiation of the terms articulated within this AVC. No provision of this AVC shall be construed for, or against, either party on the grounds that one party or another was more heavily involved in the preparation of the AVG. Respondent is represented by Joel ass, Esq., Colodny Fass Talenfeld Karlinsky Abate A, One Financial Plaza, 23rd Floor, 100 Southeast Third Avenue, Fort Lauderdale, Florida 33394. 8.4. This AVC shall become effective upon its execution by all persons whose signatures appear below. 8.5. This AVC may be signed in counterpart. FOR THE RESPONDENT: By my signature, I hereby af?rm that I am acting within my capacity and within my authority over Professional Laboratories, Inc. d/b/a Pro Lab, Inc. and that I have full authority to bind Professional Laboratories, Inc. d/b/a Pro Lab, Inc. to the terms and conditions of this AVC. By my signature, I bind Professional Laboratories, Inc. d/b/a Pro ab, Inc to this agreement. as President of Professional Laboratories, ro' LMTC. STATE OF FLO DA COUNTY OF ?mg BEFORE ME, an of?cer duly authorized to take acknowledgments in the State of Florida, personally appeared JAMES mt Eblmgu, as of who acknowledged before me that he executed the foregoing Assurance of Voluntary Compliance for the purposes stated therein, on this day of ?pTEm? E?r 2008. ,2008. to and subscribed before me this Personally known or Produced Identi?cation (check one) 49" Notary Public State of Florida :9 Joel 3 Pass 't My Commission 00718571 ?0?9 Expires 11/15/2011 Type of Identi?cation Produced: FOR THE OFFICE OF THE ATTORNEY GENERAL: ACCEPTED thisci) day MW 2008 HTSIRKLE ASSISTANT ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL CTOR OF ECONOMIC CRTNIES FICE OF THE ATTORNEY GENERAL ,~The Capitol, Tallahassee, FL 32399-1050