So you’ve focused on your garment design, packaging and logo, but have you thought about the legal requirements of your clothes? Legal standards aren’t just for big brands. They apply to anyone selling clothes from handmade products, to luxury garments and as a fashion brand owner, you are legally responsible for making sure the law is followed.
But fear not. In this post, I’m going to explain the legal requirements for the US. When they apply and what you need to do. I’ll go through the post as a summary of the law first, but there are also some parts taken directly from the different regulations, at the end of the post, so that you can see word for word, what to use and how, if you want to.
By the time you finish this post, you’ll know how to cover you legal responsibilities properly. As long as you add everything you discover to your garments, you can safely and legally sell your clothing line, to whoever you want., without the fear of getting into legal difficulty with Trading Standards, or losing a court case with a customer.
I’M JUST AN IMPORTER OR WHOLESALER
Even if you don’t produce clothing yourself [you wholesale garments, resell products, or import] you may have thought that you would get away with not having to comply with this part of the law. I’m afraid you’re wrong.
The law for clothing is actually quite broad in its terminology, which means that it applies to lots of different people and companies. If you are listed below, then the law applies to you. Ultimately, a customer will sue the retailer that they bought the product from, so retailers needs to ensure that the law is followed, especially as it will also bring bad press. But a smart retailer, will then pass that cost on, by suing whoever was at fault. That could be an importer, factory or wholesaler, depending on the law and who it covers.
Since this is, well, frustrating, stressful and costly, it’s better to know what to look for and what the regulations are from the start.
WHO DOES IT COVER?
In the US, the Electronic Code Of Federal Regulations, Title 16 , Chapter I , Subchapter D, Part 423-Care Labeling Of Textile Wearing Apparel And Certain Piece Goods As Amended is the legislation that covers care labeling.
In the US, the following companies and people are covered by garment labeling laws:
- Manufacturers and importers of textile wearing apparel
- Manufacturers and importers of piece goods sold to consumers for making wearing apparel
- Any person or organization that directs or controls the manufacturing or importing of textile wearing apparel or piece goods for making wearing apparel
This basically means that it applies to any person or business, which manufactures [single or multiple garments of any quantity] or imports garments.
There are additional notes in the regulation for importers, which tell you when labeling should be attached. However most of the terms relate to “before sale”, so in other words, as long as the regulation is followed before you sell your product, then they can be bought into America without the labeling attached.
So now that we know who the law applies to, let’s look at the details.
CARE LABELS / WASHING INSTRUCTIONS
It may surprise you that adding washing instructions on garment labels, is not a legal requirement in some countries. But doing it is a REALLY good idea.
Since the 1900’s, the world has moved on from washing natural fabrics by hand, to domestic washing machines, dryers, electric irons, technical fabrics and dry cleaning. In some countries, where there is a culture of consumers suing brands, generally for mistakes that the consumer has made, the consumer can win court cases and thousands of dollars in damage, if there are no instructions telling the consumer exactly how to take care of their garments.
In the US, however, care instructions are a legal requirement.
EXCEPTIONS:
There are of course exceptions. Shoes, gloves and hats, do not need wash care labels [also called care instructions], but as I mentioned above, you may wish to include an information sheet, or something when the product is sold, just to be on the safe side.
Handkerchiefs, belts, suspenders, neckties and non-woven garments made for one time use, are also excluded from care labelling laws.
DISPLAY
At point 423.6 Textile wearing apparel, of the regulation, it talks about how care labels should be displayed.
Simply put, the care instructions must be visible when purchased. For most retailers, this is on a care label, sewn into a garment, but if the garment is folded or packaged so that the label can’t be seen, the instructions must also be on the outside of the packaging.
TERMS & WORDING
There are a number of terms that allowed and not allowed under US law. There are references at points 423.2 Terminology, and 423.6 [b]
In general, care labels must give clear instructions about how a customer should take care of their products long-term. This includes things like temperature and processes. For example, “40°C Wash” or “Cool Iron”. On care labels, a washing, or dry cleaning instruction must be given, but where both could be used to clean your garments, you can choose to use just one. I would however, for the sake of protecting yourself legally, give all instructions that are appropriate.
As well as telling people what to do, you must also inform customers about anything that they shouldn’t do. Instructions on anything that could damage their products must be included on their care labels. So for example, if tumble drying your jumper could damage it, then you must also say “Do not tumble Dry”
The terminology notes in the regulation are extensive, so I have not added them at this point, but you can view them at the bottom of this post, as well as Appendix A of the regulation which lists terms that can be used. The notes are taken directly from the regulation, so that there are no changes to the terms, or meaning.
SYMBOLS
Although care instructions must be provided, symbols for care instructions, are not actually required by law. My personal advice is that it’s a good idea to have both, but it’s also good to know that there are different symbols for different parts of the world. Most of them are the same, but there are a few that are specific, depending on the country, so it is always a good idea to check.
The regulation for care symbols, changes depending on whether there is wording on the care label, or not. If symbols are provided with wording, then the regulation around the precise artwork of the symbols, are a little more relaxed.
In the US, the symbol system developed by the American Society for Testing and Materials (ASTM) is the standard that should be used. They can also be used on care labels or care instructions, instead of wording. However, to do this [use symbols without words] it must also pass further regulations and starts to get into tricky territory, including scale and detail of the symbols, which must be exact. So as before, my advice is to use both.
You can find out more on care symbols on a previous blog post, RESOURCE: 74 CARE SYMBOLS FOR FASHION LABELS, which includes a pdf download for symbols and their meanings. If you prefer to check out the standards at ASTM, you search for the standard: ASTM Standard D5489-96c Guide to Care Symbols for Care Instructions on Consumer Textile Products. Unfortunately ASTM has strict regulations on linking their website page [weird I know], so I can’t provide a link address for this standard, but a generic search on your web browser will work just fine.
FIBRE CONTENT
Fibre content comes under a different part of US regulation, than the care label law above. Fibre content can be found in the Electronic Code Of Federal Regulations, Title 16 , Chapter I , Subchapter C, Part 303 – Rules And Regulations Under The Textile Fiber Products Identification Act.
WHAT IS & IS NOT COVERED
The products that are covered in this part of the regulation, are different from care label regulation. There are a lot of products listed in the regulation law, so I have focused below on the products that are fashion related, but it is important to know that there are many more.
- Clothing, except for hats and shoes
- Handkerchiefs
- Scarves
- Umbrellas and parasols
- All fibers, yarns and fabrics, but not packaging ribbons
There are of course exemptions that do not require fiber content labeling. Again there are more in the official list, but the following items, refer to fashion products.
- Linings, interlinings, filling or padding used for structural purposes. If used for warmth, though, the fiber must be disclosed. In addition, if you state the fiber content of linings, interlinings, filling or padding, the products are not exempt.
- Stiffenings,trimmings, facings or interfacings
- Sewing and handicraft threads
- Headwear, including hats, caps or anything worn exclusively on the head. Wool hats are covered under The Wool Rules
- Shoes, overshoes, boots, slippers and all outer footwear. But, socks and hosiery are covered; slippers made of wool are covered under The Wool Rules.
- Waste materials not used in a textile product
- Textiles used in handbags or luggage
The following fashion items are also exempt from the regulations. Not because they are written down as exempt, but because they are not mentioned in the regulation.
- Bags — net bags, tote bags, bags for laundry, diapers, cosmetics, sports gear, etc.
- Beads, sequins, buttons
- Cummerbunds
- Dog coats, other pet clothing, and pet furniture
- Knapsacks and backpacks
- Leather goods and trim
- Sports protectors for elbow, knee, chest, etc.
- Sweatbands
As a last point, there are also a number of products that are not covered by fibre regulations, unless you decide to make claims about the fibre it is made from, then, all regulations apply. For example, if you sell belts, you don’t have to provide fibre labelling. However, if you decide to advertise it as 100% leather, then the all regulations apply. The following are again only the fashion based products, but there are more on the full list.
- Belts
- Suspenders
- Arm bands
- Neckties that are permanently knotted
- Garters
- Diaper liners
- Labels (individually and in rolls)
- Looper clips intended for handicraft purposes
- Shoe laces
- All textile products manufactured by operators of company stores and sold exclusively to their own employees
- Coated fabrics and those parts of textile products made of coated fabrics. A fabric is coated if it is coated, filled, impregnated or laminated with a continuous-film-forming polymeric composition, and the weight added to the base fabric is at least 35% of the weight of the fabric before coating.
- Non-woven disposable products intended for one-time use only
TERMINOLOGY
There are a number of additional regulations when talking about specific fibres, such as wool, leather and fur/hair, but for the majority of fibres, you must use the generic name rather than a brand name or trademark, unless you have permission to use the trademark name. For example, Woolmark or Lycra
It’s also important to note that some fibres have specific US terms too and should be used for the US market. For example, Lycra is a trademarked brand name for a particular fibre. Elastane is the same thing, but a generic, worldwide term. In the US, the generic term is Spandex, so ‘Spandex’ should be the term used on care labeling.
You can read more about generic names and fibers in points 303.6, 303.17 and 303.41 of the regulations or in the ISO standard listed below, in Fibre Percentage.
FIBRE PERCENTAGE
Any fibre that makes up less than 5% of the total fabric weight, does not be named. Instead, if it is 1 specific fibre, then you can just refer to it as “other fiber”. If your fabric has a few fibers that are less than 5% of the total weight, then they should be referred to as “other fibers”. But you should read more on this below, as the 5% Rule has its own set of exceptions.
The regulations on this are quite long and complex, with different standards for natural fibers, fur, synthetics and so on. If you’re looking for something specific, or want to buy the regulation for yourself, then you’ll need to visit ISO, or International Organization for Standardization and look for standard ISO 2076:2010(E), “Textiles—Man-made fibers—Generic names.”
All other fibres need to be listed on your label, with percentage weights, in order from the largest to smallest, for example
62% Cotton, 24% Linen, 14% Silk
Labeling only applies only to fibers in yarns, fabrics, clothing and other household items. So if part of the product is made from a non-fibrous material you don’t have to include that on your label. In other words, zips, buttons, beads and anything that is not a yarn, fibre or fabric, doesn’t have to be included.
5% RULE EXEMPTIONS
There are a couple of exemptions to the 5% rule, which mean you must list these fibers on your label, even if it is less than 5% of the fabric weight. The rule says:
- You must disclose wool or recycled wool by name and percentage weight.
- You should state the name and percentage of a fiber that changes the fabric or has some kind of significance. For example, Spandex provides elasticity to a fabric, changing its properties, so you should add that to the label.
COUNTRY OF ORIGIN
The Country of Origin is legally required to be on a garment label. The regulations depend on where a product has been made. Sounds pretty straight forward doesn’t it, but there are some differences in the things you will need to consider, depending on whether you are making abroad, importing materials into the USA first, or making purely in the USA.
In a nutshell, if you are making abroad, then you need to say “Made in [insert country here]”. If products are made in the US with US materials, then you need to say “Made in U.S.A.”. Any other combination, the you need to check with the Federal Trade Commission [FTC] and Customs, who have their own rules on imported items and materials.
WHAT IS & IS NOT COVERED
- Imported products must identify the country where the products were processed or manufactured.
- Products made entirely in the U.S. of materials also made in the U.S. must be labeled “Made in U.S.A.”
- Products made in the U.S. of imported materials must be labeled to show the processing or manufacturing that takes place in the U.S., as well as the imported component.
- Products manufactured partly in the U.S. and partly abroad must identify both aspects.
- Manufacturers and importers must comply with both FTC and Customs requirements.
SUMMARY
As you can see there is a lot more to labeling than most people initially think. This is not restricted to the US of course, as other countries have their own set of rules. Before selling any garments, you really should check with the government of the country you are selling in.
A lot of the documentation referenced in this post and in the resources below, will be in ‘legal speak’ so you might want to ask a lawyer or for some clarification if you are unsure. There are also many companies that also sell ‘Standards’, like ISO or ASTM. ‘Standards’ are basically documents with the details of law or legal regulations, including symbols if needed, but they also provides some explanation alongside the standards themselves. They can be quite helpful if you are new to a particular law, but I should mention that they don’t put the details in ‘normal language’ or explain them in a basic way.
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RESOURCES
RESOURCE: 74 CARE SYMBOLS FOR FASHION LABELS,
Electronic Code of Federal Regulations
Electronic Code Of Federal Regulations, Title 16 , Chapter I , Subchapter C, Part 300 – Rules And Regulations Under The Wool Products Labelling Act
Electronic Code Of Federal Regulations, Title 16 , Chapter I , Subchapter C, Part 303 – Rules And Regulations Under The Textile Fiber Products Identification Act
http://www.ecfr.gov/cgi-bin/text-idx?SID=a64dddaa1f178cb1d482f6904ba52771&node=pt16.1.303&rgn=div5
Electronic Code Of Federal Regulations, Title 16 , Chapter I , Subchapter D, Part 423-Care Labeling Of Textile Wearing Apparel And Certain Piece Goods As Amended,
https://www.ecfr.gov/current/title-16/part-423
ISO
https://www.iso.org/obp/ui/#home
ISO 2076:2010(E), “Textiles—Man-made fibres—Generic names.”
TERMS AND WORDING
Electronic Code Of Federal Regulations, Title 16 , Chapter I , Subchapter D, Part 423-Care Labeling Of Textile Wearing Apparel And Certain Piece Goods As Amended
423.6 Textile wearing apparel.
This section applies to textile wearing apparel.
(a) Manufacturers and importers must attach care labels so that they can be seen or easily found when the product is offered for sale to consumers. If the product is packaged, displayed, or folded so that customers cannot see or easily find the label, the care information must also appear on the outside of the package or on a hang tag fastened to the product.
(b) Care labels must state what regular care is needed for the ordinary use of the product. In general, labels for textile wearing apparel must have either a washing instruction or a drycleaning instruction. If a washing instruction is included, it must comply with the requirements set forth in paragraph (b)(1) of this section. If a drycleaning instruction is included, it must comply with the requirements set forth in paragraph (b)(2) of this section. If either washing or drycleaning can be used on the product, the label need have only one of these instructions. If the product cannot be cleaned by any available cleaning method without being harmed, the label must so state. [For example, if a product would be harmed both by washing and by drycleaning, the label might say “Do not wash—do not dryclean,” or “Cannot be successfully cleaned.”] The instructions for washing and drycleaning are as follows:
(1) Washing, drying, ironing, bleaching and warning instructions must follow these requirements:
(i) Washing. The label must state whether the product should be washed by hand or machine. The label must also state a water temperature—in terms such as cold, warm, or hot—that may be used. However, if the regular use of hot water up to 145 degrees F (63 degrees C) will not harm the product, the label need not mention any water temperature. [For example, Machine wash means hot, warm or cold water can be used.]
(ii) Drying. The label must state whether the product should be dried by machine or by some other method. If machine drying is called for, the label must also state a drying temperature that may be used. However, if the regular use of a high temperature will not harm the product, the label need not mention any drying temperature. [For example, Tumble dry means that a high, medium, or low temperature setting can be used.]
(iii) Ironing. Ironing must be mentioned on a label only if it will be needed on a regular basis to preserve the appearance of the product, or if it is required under paragraph (b)(1)(v) of this section, Warnings. If ironing is mentioned, the label must also state an ironing temperature that may be used. However, if the regular use of a hot iron will not harm the product, the label need not mention any ironing temperature.
(iv) Bleaching. (A) If all commercially available bleaches can safely be used on a regular basis, the label need not mention bleaching.
(B) If all commercially available bleaches would harm the product when used on a regular basis, the label must say “No bleach” or “Do not bleach.”
(C) If regular use of chlorine bleach would harm the product, but regular use of a non-chlorine bleach would not, the label must say “Only non-chlorine bleach, when needed.”
(v) Warnings.
(A) If there is any part of the prescribed washing procedure which consumers can reasonably be expected to use that would harm the product or others being washed with it in one or more washings, the label must contain a warning to this effect. The warning must use words “Do not,” “No,” “Only,” or some other clear wording. [For example, if a shirt is not colorfast, its label should state “Wash with like colors” or “Wash separately.” If a pair of pants will be harmed by ironing, its label should state “Do not iron.”]
(B) Warnings are not necessary for any procedure that is an alternative to the procedure prescribed on the label. [For example, if an instruction states “Dry flat,” it is not necessary to give the warning “Do not tumble dry.”]
(2) Drycleaning
(i) General. If a drycleaning instruction is included on the label, it must also state at least one type of solvent that may be used. However, if all commercially available types of solvent can be used, the label need not mention any types of solvent. The terms “Drycleanable” or “Commercially Dryclean” may not be used in an instruction. [For example, if drycleaning in perchlorethylene would harm a coat, the label might say “Professionally dryclean: fluorocarbon or petroleum.”]
(ii) Warnings.
(A) If there is any part of the drycleaning procedure which consumers or drycleaners can reasonably be expected to use that would harm the product or others being cleaned with it, the label must contain a warning to this effect. The warning must use the words “Do not,” “No,” “Only,” or some other clear wording. [For example, the drycleaning process normally includes moisture addition to solvent up to 75% relative humidity, hot tumble drying up to 160 degrees F and restoration by steam press or steam-air finish. If a product can be drycleaned in all solvents but steam should not be used, its label should state “Professionally dryclean. No steam.”]
(B) Warnings are not necessary to any procedure which is an alternative to the procedure prescribed on the label. [For example, if an instruction states “Professionally dryclean, fluorocarbon,” it is not necessary to give the warning “Do not use perchlorethylene.”]
(c) A manufacturer or importer must establish a reasonable basis for care information by processing prior to sale:
(1) Reliable evidence that the product was not harmed when cleaned reasonably often according to the instructions on the label, including instructions when silence has a meaning. [For example, if a shirt is labeled “Machine wash. Tumble dry. Cool iron.,” the manufacturer or importer must have reliable proof that the shirt is not harmed when cleaned by machine washing (in hot water), with any type of bleach, tumble dried (at a high setting), and ironed with a cool iron]; or
(2) Reliable evidence that the product or a fair sample of the product was harmed when cleaned by methods warned against on the label. However, the manufacturer or importer need not have proof of harm when silence does not constitute a warning. [For example, if a shirt is labeled “Machine wash warm. Tumble dry medium”, the manufacturer need not have proof that the shirt would be harmed if washed in hot water or dried on high setting]; or
(3) Reliable evidence, like that described in paragraph (c)(1) or (2) of this section, for each component part of the product in conjunction with reliable evidence for the garment as a whole; or
(4) Reliable evidence that the product or a fair sample of the product was successfully tested. The tests may simulate the care suggested or warned against on the label; or
(5) Reliable evidence of current technical literature, past experience, or the industry expertise supporting the care information on the label; or
(6) Other reliable evidence.
Electronic Code Of Federal Regulations, Title 16 , Chapter I , Subchapter D, Part 423-Care Labeling Of Textile Wearing Apparel And Certain Piece Goods As Amended
Appendix A to Part 423—Glossary of Standard Terms
- Washing, Machine Methods:
- “Machine wash”—a process by which soil may be removed from products or specimens through the use of water, detergent or soap, agitation, and a machine designed for this purpose. When no temperature is given, e.g., “warm” or “cold,” hot water up to 145 degrees F (63 degrees C) can be regularly used.
- “Hot”—initial water temperature ranging from 112 to 145 degrees F [45 to 63 degrees C].
- “Warm”—initial water temperature ranging from 87 to 111 degrees F [31 to 44 degrees C].
- “Cold”—initial water temperature up to 86 degrees F [30 degrees C].
- “Do not have commercially laundered”—do not employ a laundry which uses special formulations, sour rinses, extermely large loads or extermely high temperatures or which otherwise is employed for commercial, industrial or institutional use. Employ laundering methods designed for residential use or use in a self-service establishment.
- “Small load”—smaller than normal washing load.
- “Delicate cycle” or “gentle cycle”—slow agitation and reduced time.
- “Durable press cycle” or “permanent press cycle”—cool down rinse or cold rinse before reduced spinning.
- “Separately”—alone.
- “With like colors”—with colors of similar hue and intensity.
- “Wash inside out”—turn product inside out to protect face of fabric.
- “Warm rinse”—initial water temperature setting 90° to 110 °F (32° to 43 °C).
- “Cold rinse”—initial water temperature setting same as cold water tap up to 85 °F (29 °C).
- “Rinse thoroughly”—rinse several times to remove detergent, soap, and bleach.
- “No spin” or “Do not spin”—remove material start of final spin cycle.
- “No wring” or “Do not wring”—do not use roller wringer, nor wring by hand.
- Washing, Hand Methods:
- “Hand wash”—a process by which soil may be manually removed from products or specimens through the use of water, detergent or soap, and gentle squeezing action. When no temperature is given, e.g., “warm” or “cold”, hot water up to 150 °F (66 °C) can be regularly used.
- “Warm”—initial water temperature 90° to 110 °F (32° to 43 °C) (hand comfortable).
- “Cold”—initial water temperature same as cold water tap up to 85 °F (29 °C).
- “Separately”—alone.
- “With like colors”—with colors of similar hue and intensity.
- “No wring or twist”—handle to avoid wrinkles and distortion.
- “Rinse thoroughly”—rinse several times to remove detergent, soap, and bleach.
- “Damp wipe only”—surface clean with damp cloth or sponge.
- Drying, All Methods:
- “Tumble dry”—use machine dryer. When no temperature setting is given, machine drying at a hot setting may be regularly used.
- “Medium”—set dryer at medium heat.
- “Low”—set dryer at low heat.
- “Durable press” or “Permanent press”—set dryer at permanent press setting.
- “No heat”—set dryer to operate without heat.
- “Remove promptly”—when items are dry, remove immediately to prevent wrinkling.
- “Drip dry”—hang dripping wet with or without hand shaping and smoothing.
- “Line dry”—hang damp from line or bar in or out of doors.
- “Line dry in shade”—dry away from sun.
- “Line dry away from heat”—dry away from heat.
- “Dry flat”—lay out horizontally for drying.
- “Block to dry”—reshape to original dimensions while drying.
- “Smooth by hand”—by hand, while wet, remove wrinkles, straighten seams and facings.
- Ironing and Pressing:
- “Iron”—Ironing is needed. When no temperature is given iron at the highest temperature setting may be regularly used.
- “Warm iron”—medium temperature setting.
- “Cool iron”—lowest temperature setting.
- “Do not iron”—item not to be smoothed or finished with an iron.
- “Iron wrong side only”—article turned inside out for ironing or pressing.
- “No steam” or “Do not steam”—steam in any form not to be used.
- “Steam only”—steaming without contact pressure.
- “Steam press” or “Steam iron”—use iron at steam setting.
- “Iron damp”—articles to be ironed should feel moist.
- “Use press cloth”—use a dry or a damp cloth between iron and fabric.
- Bleaching:
- “Bleach when needed”—all bleaches may be used when necessary.
- “No bleach” or “Do not bleach”—no bleaches may be used.
- “Only non-chlorine bleach, when needed”—only the bleach specified may be used when necessary. Chlorine bleach may not be used.
- Washing or Drycleaning:
- “Wash or dryclean, any normal method”—can be machine washed in hot water, can be machine dried at a high setting, can be ironed at a hot setting, can be bleached with all commercially available bleaches and can be drycleaned with all commercially available solvents.
- Drycleaning, All Procedures:
- “Dryclean”—a process by which soil may be removed from products or specimens in a machine which uses any common organic solvent (for example, petroleum, perchlorethylene, fluorocarbon) located in any commercial establishment. The process may include moisture addition to solvent up to 75% relative humidity, hot tumble drying up to 160 °F (71 °C) and restoration by steam press or steam-air finishing.
- “Professionally dryclean”—use the drycleaning process but modified to ensure optimum results either by a drycleaning attendant or through the use of a drycleaning machine which permits such modifications or both. Such modifications or special warnings must be included in the care instruction.
- “Petroleum”, “Fluorocarbon”, or “Perchlorethylene”—employ solvent(s) specified to dryclean the item.
- “Short cycle”—reduced or minimum cleaning time, depending upon solvent used.
- “Minimum extraction”—least possible extraction time.
- “Reduced moisture” or “Low moisture”—decreased relative humidity.
- “No tumble” or “Do not tumble”—do not tumble dry.
- “Tumble warm”—tumble dry up to 120 °F (49 °C).
- “Tumble cool”—tumble dry at room temperature.
- “Cabinet dry warm”—cabinet dry up to 120 °F (49 °C).
- “Cabinet dry cool”—cabinet dry at room temperature.
- “Steam only”—employ no contact pressure when steaming.
- “No steam” or “Do not steam”—do not use steam in pressing, finishing, steam cabinets or wands.
- Leather and Suede Cleaning:
- “Leather clean”—have cleaned only by a professional cleaner who uses special leather or suede care methods.