Attorney General's News Release

September 20, 2006

Michigan company selling “mandatory” workplace posters must change solicitations, pay refunds and $7,500 to state

St. Louis, Mo. — Attorney General Jay Nixon today obtained a court judgment requiring a Michigan company to change its solicitations to sell workplace lavatory posters to Missouri businesses that the businesses could get for free. The Lansing-based company, The Mandatory Poster Agency Inc., also must pay refunds to its Missouri customers and pay $7,500 to the state of Missouri.

Nixon said the company used scare tactics to sell the posters, stating that the businesses could face fines, lawsuits or license revocation without approved posters and giving the impression that businesses must buy the posters. Such posters can be received free from local health departments, Nixon said.

“Small businesses that serve food were getting official-looking letters from the 'Missouri Food Service Compliance Center,' browbeating them into buying handwashing posters for $19.95,” Nixon said. “The letters warned of the dire consequences of not having approved signs posted. With this court order, this company won't be able to use those kind of scare tactics in Missouri anymore.”

Under the order from the St. Louis City Court, the defendant cannot advertise or offer for sale handwashing posters in Missouri unless the solicitation includes language that makes it clear that the posters may be available free of charge from governmental agencies and that the defendant is not an agency of the state of Missouri nor is it affiliated with any governmental agency.

The Mandatory Poster Agency also must pay $7,500 to the Attorney General's Office for its costs in bringing the case and provide reimbursement to its Missouri customers. Dozens of Missouri small businesses, believing that buying the posters from the defendants was mandated by state and federal law, sent money to them based solely on their misrepresentations, Nixon said.

The letters from the “Missouri Food Service Compliance Center” had a return address in St. Louis which was a UPS Store. Under the heading "ADVISORY TO ALL FOOD LICENSEES!", the letter claimed that state and federal codes require food service establishments to place a poster at all their hand washing facilities reminding their employees to regularly wash their hands. The letter also claimed the posters must meet exact specifications, and that violators can face fines of up to $2,500 or one year in prison.

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Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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