FTC Warns 78 Retailers on "Bamboo" Rayon Products
The Federal Trade Commission has sent letters to 78 retailers nationwide warning them that they may be breaking the law by selling clothing and other textile products that are labeled and advertised as "bamboo," but are actually made of manufactured rayon fiber that is derived from bamboo.
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Corrective Steps Needed for Any Mislabeling of Rayon Products as "Bamboo"
The letters, which were sent at the end of January, make the retailers aware of the FTC's concerns about possible mislabeling of rayon products as "bamboo," so the companies can take corrective steps to avoid Commission action.
Companies That Received Letters Include Amazon.com, Target, Isotoner, Macy's
The companies sent warning letters include small and large retailers, with both online and brick-and-mortar stores, and firms selling textile products labeled or advertised as "bamboo" that may be made of rayon. The more commonly known retailers include:
Amazon.com, Barney's New York, Bed Bath & Beyond, BJ's Wholesale Club, Bloomingdale's, Costco Wholesale, Garnet Hill, Gold Toe, Hanes, Isotoner, JC Penney, Jockey, Kmart, Kohl's, Land's End, Macy's, Maidenform, Nordstrom, Overstock.com, QVC, REI, Saks Fifth Avenue, Sears, Shop NBC, Spiegel, Sports Authority, Target, The Gap, The Great Indoors, Tommy Bahama, Toys R' Us, Wal-Mart, and Zappos.com.
Rayon is Made Using Harsh Chemicals from Any Plant, Including Bamboo
Rayon is a man-made fiber created from the cellulose found in plants and trees and processed with harsh chemicals that release hazardous air pollution. Any plant or tree - including bamboo - could be used as the cellulose source, but the fiber that is created is rayon.
Textiles Derived from Bamboo Must be Properly Labeled and Advertised
The FTC staff letter outlines the requirements for proper labeling and advertising of textile products derived from bamboo. The FTC tells the companies they should review the labeling and advertising for the textile products they are selling and remove or correct any misleading bamboo references.
FTC Says Use of Term "Rayon" or "Rayon Made from Bamboo" Can be Used
The FTC has a publication designed to help businesses correctly label clothing and textile products so that they will be in compliance with the law. For example, labeling and advertising may use the terms "rayon" or "rayon made from bamboo", if appropriate. "Avoid Bamboo-zling Your Customers" can be found at http://www.ftc.gov/bamboo. The FTC also issued an alert for consumer entitled "Have You Been Bamboozled by Bamboo Fabrics?" that is found on the same website.
Fines of Up to $16,000 per Violation for Improper Fiber Names
Along with the warning letters, the agency sent each company a synopsis of FTC decisions finding that the failure to use proper fiber names in textile labeling and advertising was deceptive and violated the FTC Act. Under the Act, the FTC can seek civil penalties of up to $16,000 per violation against any company that receives this information but fails to correct its advertising and labeling.
FTC Has Taken Recent Action on Misleading Bamboo Claims
The FTC has taken enforcement actions against certain companies selling rayon products that were misleadingly labeled and advertised. According to the Commission's complaints filed in August 2009, the companies had falsely claimed that their rayon clothing and other textile products were "bamboo fiber", and marketed those using names such as "ecoKashmere," "Pure Bamboo," "Bamboo Comfort," and "BambooBaby."
Deceptive green claims. The complaints also challenged a number of other deceptive "green" claims, including that the products retained the bamboo plant's antimicrobial properties, were made using environmentally friendly manufacturing processes, etc.
The four companies have settled the FTC's charges and agreed to modify their labels to ensure their claims are not misleading or deceptive. (One of the cases still needs final FTC approval.)
(See ITT's Online Archives or 12/22/09 news, 09122299 4, for BP summary of FTC's approval of final consent orders for Pure Bamboo, LLC; Sami Designs, LLC, doing business as (d/b/a) Jonano; and CSE, Inc., d/b/a Mad Mod.
See ITT's Online Archives or 08/14/09 news, 09081499 4, for BP summary of FTC's charges against these three, as well as The M Group, d/b/a Bamboosa. See ITT's Online Archives or 10/29/09 news, 09102935, for BP summary of FTC requesting comments on The M Group's proposed consent agreement.)
FTC letter to 78 retailers (02/0310) available at http://www.ftc.gov/opa/2010/02/bamboo.shtm