The Cachet of Cashmere: Complying
with the Wool Products Labeling Act
Cashmere. The word
evokes images of luxury, warmth and softness. The ultra-fine
wool, from the undercoat of the Cashmere (or Kashmir)
goat, is indeed a premium fiber - one that generally
commands a much higher price than sheep's wool.
If you manufacture or sell clothing
or household items that contain any wool, including
specialty wools like cashmere, camel hair, mohair, alpaca,
llama, or vicuna, you must comply with the Wool Products
Labeling Act. That means your product labels must accurately
reflect the items' fiber content, the country of origin,
and the name of the manufacturer or marketer. Apparel
items also must be labeled to show a safe cleaning method.
Fiber Content
Disclosure
Product labels must reflect the true fiber content of
the item. For example, if a sweater is made of wool,
it can be labeled as 100% Wool, assuming it
contains only wool. Likewise, if a sweater is made only
of cashmere, it can be labeled as 100% Cashmere.
Cashmere is a type of wool and also can be labeled as
wool. If a sweater contains cashmere mixed
with sheep’s wool, and the label refers to cashmere,
the label must accurately disclose the content, e.g.,
80% Wool, 20% Cashmere. It would be illegal to
say simply Cashmere or Cashmere blend; the
percentages must be stated. There is only one exception
to the requirement that percentages be stated: the word
All can be used in place of 100% if
the product is made of only one fiber, e.g., All
Wool or All Cashmere.
If a claim about the fiber content
appears elsewhere on the garment, such as on a hangtag
or a sleeve label, it must mirror the garment's fiber
content label. For example, a coat labeled 50% Cashmere,
50% Wool cannot have a hangtag or a sleeve label
stating merely FINE CASHMERE GARMENT or FINE
CASHMERE BLEND. In this instance, the hangtag or
sleeve label also must say 50% Cashmere, 50% Wool
- in equally conspicuous lettering.
The Textile Act allows a three percent
tolerance for fiber content claims, but the Wool Products
Labeling Act doesn't. However, the Wool Act says that
deviation from the stated fiber content is not considered
mislabeling if it results from "unavoidable variations"
in the manufacturing process that occur despite the
exercise of due care. For this reason, the FTC generally
will apply the three percent tolerance to wool products.
The three percent tolerance does not allow for intentional
mislabeling. No tolerance is allowed for a 100% claim,
as the addition of another fiber would always be intentional.
Testing is
Important
You're responsible for label accuracy, even if you import,
distribute or sell wool products manufactured by another
company. You cannot necessarily rely on an invoice statement
that the goods contain a specified amount of cashmere.
Routine testing of fiber contents by a qualified, independent
testing lab is the best assurance of accurate labels.
A trained expert, using an optical
or electron microscope, can distinguish between cashmere
fibers and sheep's wool fibers, following procedures
established by the American Association of Textile Chemists
and Colorists (AATCC) or the American Society for Testing
and Materials (ASTM). The basic distinction is not only
one of diameter, as some sheep have now been bred to
produce ultra fine fibers - with a diameter comparable
to that of cashmere fibers. There are significant differences
in the scale structure of the two fibers, and that is
what the test expert looks for under the microscope.
Guaranty
of Compliance
If you buy and resell wool or cashmere products, you
can ask your U.S. supplier for a "guaranty of compliance."
The guaranty is a written statement on a product invoice
or other dated document that states: "We guarantee
that the wool products specified herein are not misbranded
under the provisions of the Wool Products Labeling Act
and rules and regulations thereunder."
In other words, the supplier guarantees
that the wool and cashmere products sold to you are
correctly labeled under the Wool Labeling Act. The guaranty
must have the name and address of the guarantor. A "continuing
guaranty", which covers all wool products sold
by the guarantor, also can be filed with the FTC. Filing
such a guaranty is an assurance by the guarantor that
all of its products covered by the Wool Act are correctly
labeled. A buyer who in good faith relies upon a properly
executed guaranty will not be found in violation of
the law if the goods are later determined to be mislabeled.
Note, that good faith means
acting prudently and not ignoring an indication (such
as price or appearance) that an item may not be accurately
labeled.
A special note about guaranties
and foreign companies: A foreign company cannot
file a continuing guaranty with the FTC. In addition,
a guaranty from a foreign company is not a legal defense
if the importer is charged with mislabeling products.
A U.S. importer is legally responsible for the proper
labeling of imported textile and wool products. Importers
should test the fiber content of imported goods periodically
to verify the accuracy of the label.
How Posh
is Pashmina?
The popularity of products marketed as pashmina
- an Indian word for cashmere - has skyrocketed
in recent years; yet most consumers aren't sure what
pashmina is. That's not surprising, as pashmina
is not a labeling term recognized by the Wool Act and
rules. Experts tell the FTC there is no pashmina
fiber that is separate and distinct from the cashmere
fiber.
Some manufacturers use the term pashmina
to describe an ultra fine cashmere fiber; others use
the term to describe a blend of cashmere and silk. The
FTC encourages manufacturers and sellers of products
described as pashmina to explain to consumers,
on a hangtag, for example, what they mean by the term.
As with all other wool products, the
fiber content of a shawl, scarf or other item marketed
as pashmina must be accurately disclosed. For
example, a blend of cashmere and silk might be labeled
50% Cashmere, 50% Silk or 70% Cashmere,
30% Silk, depending upon the actual cashmere and
silk content. If the item contains only cashmere, it
should be labeled 100% Cashmere or All
Cashmere. The label cannot say
100% Pashmina, as pashmina is not a fiber recognized
by the Wool Act or regulations.
Other Requirements
The label must state the country of origin and the identity
(name or Registered Identification Number - RN) of the
manufacturer or another business responsible for marketing
the item, in addition to the fiber content. For further
information about the labeling of textile and wool products,
see the FTC booklet Threading
Your Way Through the Labeling Requirements Under the
Textile and Wool Acts.
Care Labels
Apparel care labels are required under the FTC's Care
Labeling Rule. For information on complying with this
rule, see Writing
a Care Label: How to Comply with the Amended Care Labeling
Rule.
Dry clean only? Many cashmere items
are labeled Dry Clean Only. If your label says
Dry Clean Only, you are telling consumers that
the item can't be washed safely. To be accurate, you
must have proof that the garment will be harmed by washing.
The truth is that many cashmere items
can be washed safely at home. A label that says Dry
Clean does not warn against washing and does not
require proof that washing would harm the item.
For clothing that may be washed or
dry cleaned, you must give instructions for at least
one cleaning method. Of course, you may provide information
about both cleaning methods. Consumers are telling the
FTC that's what they want. Many consumers prefer to
wash items that can be laundered at home.
For More
Information
If you have further questions about the Textile or Wool
Acts, visit the FTC website at www.ftc.gov
on the Web - click on Business Guidance, then Textile,
Wool, Fur, & Apparel Matters.
Or call the Textile Information Line:
202-326-3553 (contains recorded information about textile,
wool and RN matters)
For copies of this and other publications,
contact: Consumer Response Center, Federal Trade Commission,
Washington, DC 20580; toll-free 1-877-FTC-HELP (382-4357).
For more information about cashmere
and other specialty wool products, contact:
Cashmere & Camel Hair Manufacturers Institute, 230
Congress Street, Boston, MA 02110-2409; www.cashmere.org.
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