FTC "Apparel with Fur" Label Exemption Ends Mar 18, Wants Comments on Its Rules/Guide
The Federal Trade Commission is giving advance notice that it will propose amendments to its Fur Rules (16 CFR 301) to reflect the March 18 elimination of the fur-content labeling and disclosure exemption for "apparel with fur" that contains relatively small quantities or values of fur. The FTC is also requesting comments on its Fur Act regulations (Fur Rules) and Fur Products Name Guide by May 16, 2011.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
(The Truth in Fur Labeling Act, which was enacted on December 18, 2010, amends the Fur Products Labeling Act (Fur Act) to eliminate this exemption1. It also requires the FTC to request comments on its Fur Products Name Guides. See ITT’s Online Archives or 01/06/11 news, 11010625, for BP summary.)
Almost All Apparel with Fur Require Labeling for Sales on/After March 18
The TFLA removes the de minimis exemption from federal fur labeling requirements (15 USC 69(d)) for sales of apparel with fur (fur products) on or after March 18. Prior to that date, FTC states that retailers can lawfully sell garments containing fur or fur trim with a component value of $150 or less without a fur-content label. (See below for the hunter-trapper exemption).
As a result of this change, FTC indicates that the following must be disclosed by product labeling:
1) the animal’s name as provided in the Name Guide; 2) the presence of any used, bleached, dyed, or otherwise artificially colored fur; 3) that the garment is composed of paws, tails, bellies, or waste fur, if that is the case; 4) the name or Registered Identification Number of the manufacturer or other party responsible for the garment; and 5) the garment’s country of origin. Also, 6), manufacturers must include an item number or mark on the label for identification purposes.
FTC adds that the Fur Rules also provide requirements for advertising fur products. Finally, to assist the FTC in enforcing these requirements, the Rules contain recordkeeping requirements.
TFLA Provides New Exemption for Hunters-Trappers
FTC states that the TFLA also provides a new disclosure exemption for furs sold directly by trappers and hunters to end-use customers in certain face-to-face transactions.
TFLA states that no provision of the Fur Act shall apply to a fur product if the fur was obtained from an animal through trapping or hunting; and the fur product is sold in a face-to-face transaction at a place such as a residence, craft fair, or other location used on a temporary or short term basis, by the person who trapped or hunted the animal, where the revenue from the sale of apparel or fur products is not the primary source of income of such person.
FTC Asks for Comments on Fur Rules, Fur Products Name Guide
As required by the TFLA, the FTC is requesting comments on its Fur Products Name Guide (16 CFR 301.0). The FTC is also requesting comments on the rest of the Fur Rules, as part of its systematic review of all current FTC rules and guides.
1The Fur Rules de minimis exemption to be eliminated stated that:
“If the cost of any fur trim or other manufactured fur or furs contained in a furproduct, exclusive of any costs incident to its incorporation therein, does not exceed one hundred fifty dollars ($150) to the manufacturer of the finished fur product, or if a manufacturers selling price of a fur product does not exceed one hundred fifty dollars ($150), and the provisions of paragraphs (b) and (c) of this section are met, the fur product shall be exempted from the requirements of the Act and Regulations in this part . . . .”
FTC contact: Matthew Wilshire (202) 326-2976