An Introduction to Law Label
A law label is a label or tag attached to a product, which discloses its country of origin and additional information that is required by federal or state law (such as care instructions). Law labels are typically permanently attached to products, and contain information specifically designed to help consumers identify and learn about the product. For textiles, the origin information on the law label must state where the fibers of the garment originate from. This information helps consumers determine where the fabric was made. The textiles law label is usually found inside clothes, just behind the collar .
There are other law labels that apply to products other than textiles, such as:
If a law label is missing or non-compliant, the product may be subject to detention or seizure by U.S. Customs and Border Protection (CBP). In other words, deficiencies in law labels can prevent the importation of goods. For example, the Textile Fiber Products Identification Act (TFPIA) requires that care information instructions be attached to textiles, and prohibits the importation of textiles that do not have proper care information. If such care information is missing, CBP may refuse entry of the textiles. As a result, proper law labeling is an integral part of importing textiles into the U.S.
Legal Obligations of Law Labels
Within the United States, the legal requirements for law labels can vary on a state-by-state basis. State regulations and those imposed by the Federal Trade Commission govern what must be included on law labels and how they should be presented. It is therefore important for manufacturers and retailers to be aware of these requirements so that they can provide their customers with accurate product information.
The legal requirements for law labels in the United States are generally determined by local or state weight and measures laws. Many of these vary from state to state and generally only apply to fabric and textile products. However, the FTC has issued guidance that includes additional information requirements that often apply to all consumer product labeling, including law labels.
Some states require an authorized individual to examine the measurements of a label’s contents in order to confirm they are accurate. Measurement differences typically occur due to production variances (i.e. shrinkage and other dimensional changes subject to washing and drying). Violations of these requirements may occur when an authorized individual does not obtain the required measurements and the brand owner subsequently relies on inaccurate third party measurements. This can result in serious penalties (e.g., denial of admission of goods to the USA, detention or seizure of goods, and/or commencement of forfeiture proceedings).
Basic Law Label Elements
The essential components of a law label include information about the materials used in the item or item component, where the item was manufactured, and to what standards it complies with. The Law Label Requirements Update Standards provide the details of all required labels. For example, for carpet, the label must include the fiber content by percentage, the fiber attributes, care instructions, the country of origin, the care instructions, any relevant certification standards, such as ANSI, and a statement whether the carpet is untreated. In addition, carpets sold in Florida must contain a statement that the product complies with Florida Building Code for interior air quality levels. For upholstered furniture, the label must indicate the use of flame retardants, if applicable.
The Benefits of Law Labels to Consumers
As a vital part of consumer protection, law labels ensure transparency, safety, and informed purchasing decisions. Manufacturers and retailers play a key role in the establishment of law labels for various products. Standing between consumers and the manufacturers of the merchandise they carry, retailers should pay particular attention to ensure they uphold their responsibility to verify that labeling and product content complies with all law label requirements. Consideration for use, appropriation, and disclosures of the most commonly used law labels for common classifications of garments in the apparel industry, as well as other regulated products, are a must for any retailer. For instance, FTC rules require care labeling that provides "instructions for safe and effective use of the product." For textured articles and upholstered furniture, care information must be provided on a law label showing use, precautions, and cleaning instructions . To further ensure consumer safety, GHS of Classification and Labelling of Chemicals ("Classification and Labelling"), now known as the OSHA Hazard Communication Rule, provides a set of regulations for disclosure of hazardous elements used in certain chemicals. If applicable, retailers may need to alert consumers to hazardous substances disclosed by suppliers and inquire as to whether chemicals used in the creation of the product sold by them have conformed to the regulations. If so, retailers may also need to apply the appropriate label designating status of the various chemicals. In addition to GHS, California Proposition 65 requires retailers to label merchandise containing chemicals found to be potentially hazardous to humans by one of the several authoritative health and environmental agencies. Otherwise, the sale of warning-label-deficient products is prohibited in the state. Of course, if the product does not meet the requirements of the state or adopted federal standards, retailers can expect written notification from the agency overseeing the enforcement of these rules requiring that the retailer immediately correct the listing of the products in question.
Law Labeling Myths and Their Truths
Almost all of the misconceptions we hear about law labels relate to their meaning or what is required for compliance with the law. To help you think through some of the common misconceptions, I’ve collected a few that may be helpful as you are starting down the road to compliance.
Misconception: if you are not selling in California or not manufacturing or importing in California, you do not need law label information.
As mentioned above, if your products will be sold in California, both the manufacturing and importation companies need to get material information for each lot from the manufacturer (or other source). There is no escape because the label information is being applied in California. For those who sell retail outside of California, however, the law labels are not applicable and you are under no obligation to provide that information to the company that does need it.
Misconception: the law label information is and should be somehow connected with another mandatory label on the product.
This misconception is particularly prevalent in the uniform industry because government and institutional laundry care instructions are mandatory. The concern is that there will be confusion by consumers regarding which washing/drying information to follow. The law is clear, however, that the uniform washing instructions take precedence over the general care instructions. Thus, the law label should be completely separate from any mandatory label so that, regardless of how asked, the consumer will see that the law label information is separate and understand that the instructions are mandatory and take precedence. We recommend clear placement or instructions on the mandatory label, in addition to the law label.
Misconception: I have already provided the information required on a law label in some other label or document. I do not need to provide the same information twice.
While a double application of the same information is not required under the law, the legislation does require unique materials information for each of your products. This means materials information should be unique to the specific product and may not be combined with other products sharing the same color, design, or style. In many cases, this will require a separate law label for each of your products, even if they otherwise contain the same information.
Misconception: the law label requires "care instructions" for all of my products. I can’t give unique washing instructions for each product.
No, the law label does not require all washing instructions be included. Rather, a product can be labeled with an overall set of washing instructions, such as "dry clean only" or "machine wash cold, tumble dry low". However, if a product has more than one type of fabric or material, or may be used in a variety of different fashions, we suggest consulting with an expert in performance and/or labeling to determine if more specific instructions are needed.
Misconception: if our products are made in the USA, we do not need to include country of origin information.
If you are a manufacturer or importer – not a retailer – and your product is "manufactured" in the United States, it is subject to the law label requirements. Additionally, regardless of whether you are a manufacturer, importer, or retailer, if your products are made of textiles or leather and sold at retail in California, the product is subject to the law label requirements.
Misconception: the law label information can be provided on another document, such as an invoice or product shipment ticket, as long as it is available to the ultimate customer.
Unfortunately, that is not sufficient to show that you are complying with the law. The intention is to remove the burden from the consumer. The law presumes you will place the information on or readily available with the product as part of the product design and packaging.
Future Developments in Law Labeling
Future trends in law labeling include a clear call for expanded consumer choice. Traditionally, the Law Label has been used primarily for containing consumer safety information, as this is the primary role of government agencies and the consumer protection industry. In addition to being used for safety information, Law Labels will be required to contain recycling information, which correlates to the push for environmental sustainability.
Labeling on food products has undergone massive evolution in the past few decades , with the introduction of nutritional value information and now the recent push towards GMO labeling. With the same sort of vigor and application, law labels on textiles and apparel products will need to start adapting to requirements that provide consumers with more choices. Just as the consumer is protected when they know what they are eating, they are equally as empowered when they learn that their fashion choices are more environmentally sustainable.