Do Not Remove This Tag! Law Label Update for US and Canada. November 19, 2009

Transcription

1 Do Not Remove This Tag! Law Label Update for US and Canada November 19, 2009

2 BUREAU VERITAS SOFTLINES WEBINAR: Law Label Update for US & Canada AGENDA Verification of Law Label U.S. vs. Canada Product Case Studies Pillow Floor Pillow/Seat Cushion Seasonal Decorations Feather and Down Labeling Overview by Wilford Lieber Standard Disclosure Sectional and Chambered Disclosure Claim Review Webinar Panel: Presenters: Ellen Roaldi, Softlines Technical Services, Bureau Veritas Heather Webb, Softlines Technical Services, Bureau Veritas Guest Speaker: Wilford Lieber, President, IDFL (International Down & Feather Laboratory) Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

3 Verification of a Law Label U.S. vs. Canada

4 Verification of a Law Label U.S. U.S. Law Label: Purpose Regulators: State regulated Uniform Requirements: Agreed upon label format for acceptance between states. Format: Label requirements for furniture and bedding products - Page 2 Visit the IABFLO website at: s/usaull%20bedding%20furniture.pdf Label reprinted with the permission of the International Association of Bedding and Furniture Law Officials (IABFLO) Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

5 Law Labels U.S. Other Formats U.S. Law Label & Flammability (California only) Feather & Down Toy Labels reprinted with the permission of the International Association of Bedding and Furniture Law Officials (IABFLO) Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

6 Verification of a Law Label - Canada Canada Stuffed Article Label: Purpose Regulators: Provincial requirement Uniform Requirements Format - Please refer to the Canada websites as follows: Permitted labels for each Province: Ontario: Quebec: Manitoba: Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

7 Law Labels Canada Other Formats Visit the Technical Standards & Safety Authority website at for additional label formats: Form 1: 136&ID=CDBF2FEE1A3E48BFA05DF8E27A4D099E Form 2: 136&ID=CCD1FD3FAC08466C9685B5F31ECC8837 Form 3: 136&ID=9B4E754F6FC04AD182B62896D4FDD67D Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

8 Additional Products Requirements U.S. U.S. Home Soft Products Examples Upholstered Furniture Sofas, chairs, ottomans Filled Bedding Toys Baby Items Comforters (for example) Note: product specific Stuffed plush animals and stuffed toys Car seats (for example) Note: product specific Law Label Flammability Cal TB 116/117 All states which regulate AZ, AK, CA, CO, CT, DE, Detroit, Dist.of Columbia, HI, IN, MD, MA,, MN, MO, NV, NH,NJ, NC,OH, OK, PA, RI, TN,TX, UT, VA, VT, WI, WV MA, PA, OH CA, CT, Detroit, MA, OH, PA, RI, UT, VA, WV CA ONLY CA ONLY N/A CA ONLY - Included as children s products Net weight Date of Delivery Foundations, futons and other similar articles CA CT, Detroit, MA, RI, VA, WV Mattresses, sleeping bags and pads - CA N/A N/A unless those mentioned CA N/A N/A REGISTRATION AND FEE Most states which regulate Those states which regulate Those states which regulate Those states which regulate Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

9 Similarities U.S. and Canada General Similarities for label requirements between U.S. and Canada Property Standard Purpose: To disclose the hidden filling material Registration is required with fee State or province may recall product or stop sale Fiber includes requirement for generic name in order of predominance for disclosures Must disclose filling material; if feather and down, it must be sterilized Covers many of the same types of products from state to state/province to province. Hidden filling material to be disclosed in the center of the label. All other filling materials in the other information section. Standard size required for format Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

10 Differences U.S. and Canada (cont ) General Differences for label requirements between U.S. and Canada Property U.S. Canada Scope Law/regulation scope Limited to: upholstered furniture, baby items, toys/children s products, home textiles and filled jackets and slippers (Utah only), pads. 31 states with 15 states requiring registration with slight differences in scope Same as U.S. but also includes product such as slippers, seasonal decorations and hobby crafts. 3 provinces with slight differences in scope Filling material schedules Name and address of manufacturer Additional requirements Generally follows ABFLO guidance Some states require name of manufacturer, importer, distributor or vendor Some states require: extra length for bar code, finished size/weight (based on product), special treatments of filling materials, stamp tag, date of delivery TSSA provides schedule of allowable terms Name and address of manufacturer, importer, distributor or retailer if desired Quebec requires French translation to be listed first. Allows labels to be made from linen or of muslin material Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

11 Law Label Differences U.S. and Canada ( cont) General Differences for label requirements between U.S. and Canada Property U.S. Canada Label format Per Country Uniform Label Per Provincial Label Flammability label California Flammability label may be attached Flammability label is not required Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

12 Product Case Studies

13 Case Study Decorator Pillow U.S. Requires a law label and be registered Canada In this case, this is considered to be a regulated item that requires a stuffed article label. Disclosure requires: Hidden filling material be disclosed in order of predominance by volume Registered disclosure is required in French/English language if sold in Quebec Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

14 Case Study - Floor Pillow/Seat Cushion U.S. Product is large enough to be either a decorator pillow or a floor cushion, depending on the advertising and actual use of this product. The other is a seating cushion. If it is determined to be a floor cushion, then it must comply to TB117 (for California), and a law label must be provided for all regulated states. Canada Both products require labeling and registration Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

15 Case Study Seasonal Decoration U.S. Berries on the wreath are not regulated or need to be registered Canada Berries on the wreath are regulated or need to be registered Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

16 Case Study Various Items Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

17 Summary States and country requirements vary based on product. Marketing and description affects amenability. Requires all new filling materials to be included. If filling is feather and down, product must be sterilized. Provides a uniform label accepted by all states (except PA). For Canada, stuffed article tag is accepted between Provinces. U.S. law label cannot be accepted by Canada and vice versa. Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

18 Feather and Down Labeling - Overview

19 Down & Feather Labeling The USA Law Tag label for down and feathers has unique requirements.

20 Unique Elements of the USA Down & Feather Law Tag Label UNDER PENALTY OF LAW THIS TAG NOT TO BE REMOVED EXCEPT BY CONSUMER ALL NEW MATERIAL CONSISTING OF GOOSE DOWN (MINIMUM 75% DOWN) CONTENTS STERILIZED REG. NO 1234 (CN) PER. NO PA 6789 (TX)

21 CONTENTS STERILIZED This term must appear on all down and feather law tag labels. Why? Certain states required the term and all states encourage or allow the term.

22 What is the meaning of CONTENTS STERILIZED This means that the down and feathers were sterilized at a temperature of 120 C C (250 F) for 30 minutes after washing. This process ensures that all organic matter including bacteria and viruses are destroyed on the surface of the feathers.

23 PER. NO. (STERILIZATION PERMIT NUMBER) The Permit Number must appear on law tags. The Sterilization Permit Number is owned by the factory that washes and sterilizes the down and feathers. Many of these plants are in China. IDFL is an authorized agent of the State of Pennsylvania to inspect factories world-wide wide for sterilization permit application.

24 DOWN & FEATHER LABEL DISCLOSURES Composition Color Species

25 DOWN & FEATHER COMPOSITION GENERAL LABEL One of four general labels must appear on the law tag: DOWN DOWN AND FEATHERS FEATHERS AND DOWN FEATHERS The general label also guides how the product must be labeled in packaging and advertising.

26 DOWN & FEATHER COMPOSITION SUB-LABEL The sub-label discloses the percentage of down, feathers and other components. If down is at least 75% - the sub If down is the sub-label only includes the down component. Example: DOWN (MINIMUM 75% DOWN)

27 DOWN & FEATHER COMPOSITION SUB-LABEL If the down cluster is between 5% and 74% If the down cluster is the sub-label is formed as follows: Examples: DUCK DOWN AND DUCK FEATHERS (60% DOWN, 40% FEATHERS) WATERFOWL FEATHERS & DOWN (95% FEATHERS, 5% DOWN)

28 DOWN & FEATHER COMPOSITION SUB-LABEL If down cluster is less than 5% no sub If down cluster is is required. Example: GOOSE FEATHERS (no sub-label needed) no sub-label

29 DOWN & FEATHER COMPOSITION COLOR Color is an optional disclosure. Examples: GREY WHITE GOOSE FEATHERS DUCK DOWN

30 DOWN & FEATHER COMPOSITION SPECIES Species is an optional disclosure for down. Feathers must be labeled as either duck/goose or waterfowl/landfowl landfowl. The specie disclosure should be included in the General Label.

31 Examples: DOWN & FEATHER COMPOSITION GOOSE DOWN (MINIMUM 75% DOWN) SPECIES DUCK DOWN & DUCK FEATHERS (65% DOWN, 35% FEATHERS) DOWN & WATERFOWL FEATHERS (50% DOWN, 50% FEATHERS) GOOSE FEATHERS & DUCK DOWN (70% FEATHERS, 30% DOWN)

32 DOWN & FEATHER COMPOSITION Other Components The USA-2000 Standard and the ASTM 4522 require disclosure of other components if they exceed the following limits. DOWN FIBER Maximum 10% FEATHER FIBER Maximum 10% RESIDUE Maximum 2% BROKEN FEATHERS Max 7% of feather portion LANDFOWL Max 5% of feather portion

33 DOWN & FEATHER COMPOSITION Other Components Examples of how to label: DOWN AND FEATHERS 60% DOWN 20% FEATHERS 12% FEATHER FIBER 5% RESIDUE 3% BROKEN FEATHERS

34 DOWN & FEATHER COMPOSITION Canadian vs. USA Rules USA % Down is labeled exactly CANADA % Down has a 25% tolerance (If filling is labeled 50% down, a minimum of 50% down is required.) (If filling is labeled 50% down, only 37.5% down is required) Max Residue = 2% Max Landfowl = 5% feather part Must follow USA label form Max Residue + Landfowl = 5% Must follow Canada label format

35 DOWN & FEATHER COMPOSITION Canadian Rules LABEL Minimum Down % Down % 95% Down, 5% Feather % 90% Down, 10% Feather % 80% Down, 20% Feather % 50% Down, 50% Feather % 20% Down, 80% Feather %

36 CLEANLINESS All down and feather products require: Oxygen below 10 and Turbidity below 10.0 NTU (>300mm in glass tube) If a product is labeled Hypoallergenic or Super-Clean Clean,, etc then Oxygen must be below 5 and Turbidity must be below 7.0 (>500 mm in glass tube)

37 CHAMBERED PRODUCTS Special Labeling Required for products with multiple chambers that have different fillings. The weight of each chamber must be disclosed in percentage form. Example: 80% INNER CHAMBER: GOOSE FEATHERS 20% OUTER CHAMBER: GOOSE DOWN (MINIMUM 75% DOWN)

38 BLENDED PRODUCTS Special Labeling Required for products with blended materials of different origin. The percentage weight of each material must be disclosed. Example: 60% POLYESTER 20% GOOSE DOWN AND GOOSE FEATHERS (55% DOWN, 45% FEATHERS)

39 TERMS NOT ALLOWED The IABFLO organization of state bedding enforcement officials do not allow the following terms on the law label or on packaging or advertising: SYNTHETIC DOWN CURLED FEATHERS 100% DOWN 100% FEATHERS DOWN (with no sub-label even on jackets a sub-label is required)

40 PACKAGING & ADVERTISING IABFLO members agree that packaging and advertising must be consistent with the official law tag label. For example, a product with a 50% Down and 50% Waterfowl label cannot be packaged or advertised as a DOWN product. State Officials have successfully required point of sale advertising and packaging to be changed to match the GENERAL LABEL statement.

41 Which Products Must Use Labeling System? Both the FTC and the IABFLO organization of state officials require the USA-2000 labeling system on all products filled with down and feathers. BEDDING PRODUCTS OUTERWEAR (Jackets, Vests, etc.) SLEEPING BAGS HOTEL & INSTITUTIONAL PRODUCTS

42 WHO ENFORCES LABELING LAWS? Individual State Government Officials (IABFLO) (California, Pennsylvania, Connecticut, Virginia, North Carolina, Ohio, Utah) are currently active in enforcement efforts. The FTC can investigate a labeling complaint. The American Down and Feather Council (ADFC) has a compliance program to enforce label standards.

43 Now Available for Purchase! Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

44 THANK YOU FOR ATTENDING! Questions? Bureau Veritas Consumer Products Services, Inc. ( BVCPS ) provides the information in this webinar as a resource of general information. It does not replace any applicable legal or regulatory requirements and is provided as is. BVCPS will not be liable for any indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this webinar. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBINAR. Copyright 2009 Bureau Veritas Consumer Products Services, Inc. All Rights Reserved. Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19,

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