U.S. Federal Trade Commission (FTC) Amends Textile Labeling Rule
Vol. 761 | April 15, 2014
The U.S. Federal Trade Commission (FTC) has amended 16 CFR 303, Rules and Regulations under the Textile Fiber Products Identification Act. The rule was published in Federal Register on April 4, 2014, and becomes effective May 5, 2014. The amended rule clearly identifies scope of the rule by providing product coverage and exclusions in 16 CFR Section 303.45 (a) and (b) respectively. In addition to the clarification of scope, some of the major amendments to the rule pertain to:
- Fiber content disclosure
- Country of origin disclosure
- E-Commerce and Textile Guaranties
Fiber Content Disclosure:
- ISO 2076 standard – Amended the rule to update the reference to the ISO 2076-2010(E) standard, Textiles – Man-made fibres – Generic names, allowing labeling using 2010 version of the ISO standard.
- Hang-tags – Allows use of hang-tags disclosing fiber names, trademark and performance information without full fiber content disclosure. However, if the product contains any fiber other than the fiber identified on hang-tag by generic name or trademark, the hang-tag must clearly and conspicuously disclose that it does not provide the product’s full fiber content. Example:
"This tag does not disclose the product’s full fiber content."
"See label for the product’s full fiber content."
- Trimmings – Expressly stating that trimmings, except for decorative trim, decorative patterns and designs and elastic materials in findings exceeding the surface area thresholds, in wearing apparel are exempt from fiber content labeling.
- Use of term “virgin” or “new” – Clarified that the terms virgin or new shall not be used when the product, fiber or any part described as such is not composed completely of new or virgin fiber that have never been reclaimed from any spun, woven, knitted, felted, bonded or similarly manufactured product.
Country of Origin:
Rule was amended to update and clarify that an imported product’s country-of-origin as determined under the laws and regulations enforced by Customs and Border Protection (CBP) shall be the country where the product was processed or manufactured.
E-Commerce and Textile Guaranties:
To better address electronic commerce, the definition of the terms invoice and invoice or other paper was amended. Specifically the rule:
- Replaced the word "paper" with the word "document"
- Stated explicitly that such documents can be issued electronically
- Acknowledge that ESIGN allows for the preservation of records "in a form that is capable of being accurately reproduced for later reference, whether by transmission, printing, or otherwise"
To address the concerns about the Rule’s continuing guaranty provisions, the requirement to sign continuing guaranties under penalty of perjury is replaced with requirement that acknowledges that providing a false guaranty is unlawful.
For questions, please contact:
Dr. Pratik Ichhaporia