Down...But Not Out: Advertising and Labeling of
Feather and Down Products
No matter what you sell, the
claims you make about your product must be truthful, accurate and substantiated.
Descriptions about your products must not be misleading and must disclose certain
information that is important to consumer purchasing decisions.
The Federal Trade Commission, which acts in the interest of all consumers to prevent
deceptive or unfair acts or practices, has prepared this brochure to answer questions you
might have about advertising policies in general and advertising and labeling feather and
down products in particular.
General Advertising Policies
Under the Federal Trade Commission Act, advertising must be truthful and non-deceptive,
and advertisers must have evidence to back up their claims. All states also have consumer
protection laws that apply to ads and products sold in that state. If you sell feather and
down products, check the state laws. Some deal specifically with feather and down
products.
According to the FTC, an ad is deceptive if it contains a statement or omits
information that is likely to mislead consumers acting reasonably under the
circumstances, and if it is "material" that is, important to a
consumers decision to buy or use the product.
The FTC looks at an ad from the point of view of the "reasonable
consumer" the typical person looking at the ad. The FTC examines the ad in
context words, phrases and pictures to determine what it conveys to
consumers, rather than focusing on certain words.
The FTC studies both "express" and "implied" claims. An express
claim is explicitly stated in the ad. For example, "100% Eider down" is an
express claim that the product contains 100 percent down from the Eider duck, without any
other types of filling materials from the Eider duck or other species. An implied
claim is made indirectly or by inference. The claim "natures best
insulation," accompanied by a picture of a goose, suggests to a consumer that the
product is filled with goose down. According to the law, advertisers must have proof to
back up express and implied claims that consumers would take from an ad.
The FTC also looks at what an ad does not say that is, whether the failure
to disclose information leaves consumers with a misimpression about the product. For
example, consumers expect that products labeled as feather- or down-filled consist of
plumage that to the extent consistent with modern mass production techniques
is not crushed or damaged. As a result, it would be deceptive to advertise and sell
feather and down products with more than minimal crushed or damaged plumage without
disclosing the fact and amount of the crushed or damaged plumage. Without any disclosures
to the contrary, consumers also expect that feather- or down-filled products contain only
new, unused plumage. It is unacceptable to add crushed, damaged or secondhand plumage to
feathers and down without disclosing the fact and amount of such material; truthful,
non-deceptive disclosures of any crushed, damaged or secondhand feather and down materials
are acceptable.
The FTC also determines whether a claim is "material" that is,
important to a consumers decision to buy or use the product. Material claims include
representations about a products performance, features, safety, price, or
effectiveness. Given the well-known insulating properties of down, for example, it is
likely that claims about down content would be important to consumers considering buying
down-filled comforters or garments.
Finally, the FTC looks at whether the advertiser has enough evidence to support the
claims in an ad. The law requires that advertisers have proof for all material claims before
their ad runs.
Advertising and
Labeling Feather and Down Products
These days, claims about content, species and cleanliness are among the factors
that seem especially important to consumers who are considering buying feather and down
products. As market conditions change, though, so will the information necessary for
effective marketing.
Content Labeling
Pure... All... 100%... A product may not be called "pure down," "all
down," "100% down" or described by any other word or term indicating
that the product contains only down unless thats the case. The same principle
applies to feathers and other filling materials.
Unqualified "Down" Claims. Consider the way a consumer is likely to interpret
an ad or a label that describes the products filling simply as "down."
Its reasonable to assume that consumers expect down content to reflect diligent use
of modern mass production techniques calibrated to make the most of both efficiency and
down content. Applying those production techniques should yield down content of more than
70 percent for products labeled "down." (Before they were rescinded, the FTC
Down Guides allowed the 70 percent standard. According to the FTC, the resulting 30
percent tolerance was outdated and unwarranted, and did nothing to promote truthful
labeling and advertising practices.) Producers selling down products in Canada already
must meet Canadas 75 percent down requirement. Producers selling down products in
Japan are able to manufacture products with as much as 90 percent down content.
When the FTC decided to rescind the Down Guides, it stated that this action should
provide incentive for the industry to create effective standards and develop better
methods of product differentiation. For example, the industry is in the best position to
determine an appropriate outer limit for non-down content in a product labeled
"down." It also is in the best position to educate consumers about the meaning
of the term "down" and about differentiating among down-filled products. Both
producers and retailers might choose to move toward a standard of full and accurate
disclosure, with all down-filled products labeled to show the actual percentage of down
content instead of relying on the more ambiguous "down" label. Or manufacturers
might choose to establish and disclose a minimum standard for the down content of their
"down" products. For example: "Down consisting of a minimum of 80
percent down and a maximum of 20 percent waterfowl feathers and down or feather
fiber."
Manufacturers should be aware that in rescinding its Guides, the FTC did not withdraw
its scrutiny from this market. Indeed, the agency will continue to monitor claims about
down because theres no way for consumers to determine accuracy for themselves. In
the meantime, it is reasonable to expect that sellers in North America will follow the
Canadian minimum of 75 percent down in a product labeled "down," as they strive
to achieve the highest standard consistent with modern production techniques.
Percentage Claims. When a product is labeled with a specific percentage of down
(say, "50% down, 50% waterfowl feathers"), only a modest deviation reflecting
unavoidable manufacturing variations, despite the exercise of due care, is acceptable.
This standard applies to all plumage used as filling materials. Under current production
methods, manufacturers should produce feather and down blend goods having a down content
that is plus or minus two to five percent of the percentage number on the label. This
deviation must reflect only the unavoidable variations of the manufacturing process; it is
deceptive to intentionally produce and sell feather and down products with anything less
than the claimed down content. In short, a producer may not "shoot for the
tolerance." For example, if a manufacturer produces pillows labeled "50% down,
50% waterfowl feathers," the FTC expects all or nearly all of these pillows to be
filled with 50% down and 50% waterfowl feathers. If all or a large portion of the pillows
actually contain, for example, 45% down, then the pillows must be relabeled "45%
down." If a manufacturer deliberately labels the pillows with a higher percentage
down content than the actual down content that the manufacturer intends to put into the
product, the manufacturer is acting deceptively.
Species
When a label identifies a particular species (e.g., "goose down," "duck
down"), only a modest deviation reflecting unavoidable manufacturing variations,
despite the exercise of due care, is acceptable. Truthful, nondeceptive disclosures of any
species (waterfowl or landfowl) are acceptable.
Cleanliness
The FTC pays close attention to consumer health and safety issues in product
advertising and labeling. Consumers expect that feather and down products will be free of
foreign matter and contaminants.
How can the industry determine and convey cleanliness? One way is through the
measurement of oxygen number. Because modern mass production techniques allow the industry
to produce feather and down materials efficiently with oxygen numbers below 10,
cleanliness of feather and down filling should be consistent with an oxygen number of less
than 10, no matter how it is measured. Finished goods manufacturers and retailers may
contract for feather and down material that is cleaner or otherwise superior
to these minimum criteria. By doing so and by making truthful and substantiated
comparative claims in their ads they can offer consumers feather and down products
that match their various preferences.
Cease and desist orders: These legally-binding orders require companies
to:
- stop running the deceptive ad or engaging in the deceptive practice,
- be able to substantiate claims in future ads, and
- report to FTC staff about the substantiation they have for claims in new ads.
Violations of cease and desist orders can result in civil penalties of up to $11,000
per violation.
Civil penalties: Sometimes, a company that is not subject to a cease and
desist order can be bound by an earlier Commission finding (in a case brought against
another company) that a certain practice is deceptive and assessed civil penalties for
knowingly engaging in the deception. This can happen when a "synopsis" of
Commission decisions in a particular area is prepared and served on industry members.
Prior Commission decisions about the labeling and advertising of down-filled products have
been compiled into a synopsis that was served on many members of the industry.
Consumer redress and other monetary remedies: Other advertisers have had to give
full or partial refunds to all consumers who bought the product.
For More Information
To learn more about making accurate representations in advertising, see the FTC
brochure, Frequently Asked Advertising Questions: A Guide for
Small Business, and the FTCs Deception
Statement, Substantiation Statement, and
Unfairness Statement. These documents are available from the FTCs Consumer Response
Center, 600 Pennsylvania Avenue, NW, Washington, DC 20580; 202-FTC-HELP (382-4357); TDD
for the hearing impaired 1-866-653-4261. Manufacturers of textile and wool products may be
interested in the FTCs new business guide, Threading Your
Way Through the Labeling Requirements Under the Textile and Wool Acts. For copies
of the new guide, or for answers to frequently asked questions about textile and wool
labeling requirements, call 202-326-3553.
The FTC works for the consumer to
prevent fraudulent, deceptive and unfair business practices in the
marketplace and to provide information to help consumers spot, stop and
avoid them. To file a
complaint or to get free information
on consumer issues, visit
www.ftc.gov or
call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The
FTC enters Internet, telemarketing, identity theft and other fraud-related
complaints into
Consumer Sentinel, a
secure, online database available to hundreds of civil and criminal law
enforcement agencies in the U.S. and abroad.
|
FEDERAL TRADE COMMISSION |
FOR THE CONSUMER |
1-877-FTC-HELP |
www.ftc.gov |
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February
1999 |