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ARTICLE · 25 APRIL 2022

Don't Be Bamboozled By Environmental Benefit Claims

Global Advertising Lawyers Alliance (GALA)
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The FTC recently announced that it has reached a $2.5 million settlement with Kohl's and a $3 million settlement with Walmart for allegedly making misleading representations that textile products...

United StatesMedia, Telecoms, IT, Entertainment

$5.5 Million FTC Settlements for Bamboo Textile and Environmental Benefit Claims Under Penalty Offense Authority

The FTC recently announced that it has reached a $2.5 million settlement with Kohl's and a $3 million settlement with Walmart for allegedly making misleading representations that textile products were made of bamboo fabric and provided environmental benefits because those products were derived from bamboo. The FTC asserted that the products were, in fact, made of rayon (derived from bamboo), using a chemical process that is harmful to the environment. 

Under the Textile Labeling Act and Textile Fiber Rule, advertisements for products that reference or imply fiber content must disclose the generic fiber names recognized or established by the FTC. While bamboo (or any plant) can be used as a source-material to create rayon, the FTC has taken the position that the textile fiber ultimately created is rayon. As such, products not made directly of bamboo

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