Office of the Attorney General
Attorney General Conway Announces Agreement with Arborgen Inc.
Attorney General Jack Conway today announced that ArborGen Inc., a corporation that markets tree seedlings in Kentucky, will cease misleading advertising and pay $25,000 to the Commonwealth. The agreement, an assurance of voluntary compliance, was filed today in Franklin Circuit Court.
The Attorney General alleged that the company's catalog and Internet promotion of its "SuperTree Seedlings TM" was misleading because the catalog and website represented that all species were genetically improved. The majority of species listed in the catalog and sold in Kentucky are actually grown from commercially purchased seeds and are not improved. The company has corrected the representations in its catalog and on its website. Although the company has made no admission of wrongdoing, it agreed to refrain from any misleading advertising in the future.
"Companies that market and sell products in Kentucky must follow laws relating to truth in advertising," General Conway said. "Kentucky consumers and ethical businesses benefit when these laws are enforced."
Under Kentucky law, KRS 367.170, any false, misleading, deceptive or unfair act in trade or commerce is prohibited. The Attorney General's office alleged that the advertisements violated this statute.
ArborGen Inc. is a commercial forestry company incorporated in Delaware with principal offices in Summerville, SC.