Fashion Apparel Law Blog : Fashion Apparel Law Lawyer & Attorney : Sheppard Mullin Law Firm : Fashion Legal Issues

Recent discoveries of unlabeled real fur from raccoon dogs used in garments have spurred discussions surrounding proper labeling methods of fur coats.  According to the Humane Society of United States, the unlabeled faux fur found on jackets sold by DKNY, Rocawear, Baby Phat, Sean John and by retailers like Macy's and J.C. Penney is actually dog fur, taken from raccoon dogs who are skinned alive.  In 2005, Macy's pulled coats from its shelves containing raccoon dog fur labeled as raccoon after the Humane Society raised the issue with the chain.

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Following the examples of Madrid and Milan, the Independent Model Health Inquiry proposed new rules to ban designers from using models under 16 during London Fashion Week.  The Independent Model Health Inquiry consists of a panel of fashion industry experts appointed by the British Fashion Council to investigate the health of catwalk models, following the death of two underweight models last year.  The panel concluded this month that models under 16 are in danger of being exploited because they are made to represent adult women and work in an insufficiently monitored environment.  Working hours for children aged 15 and 16 are restricted by law, yet the long hours teenage models spend at casting sessions are not considered paid employment. In addition, the average age for the onset of anorexia is 16.  The panel also called for greater protection of 17 and 18-year-old models, who should be chaperoned at shows.

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A recent case involving fragrance manufacturer Davidoff and retailer CVS addressed the importance of quality control procedures related to fragrance product packaging.  In Davidoff v. CVS Corporation, Davidoff, the trademark holder for his line of "Cool Water" fragrances, alleges that CVS violated the Lanham Act by selling counterfeit Cool Water products and by selling decoded gray-market products.  On June 25, 2007, the Southern District of New York granted Davidoff's request for preliminary injunction enjoining CVS from selling any counterfeit and gray-market Davidoff goods, finding that Davidoff had shown a likelihood of success on the merits of his case.

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On June 28, 2007, a 5-4 Supreme Court ruling in Leegin Creative Leather Products, Inc. v. PSKS overturned almost 100 years of federal precedent by declaring that vertical price fixing is no longer automatically presumed illegal under U.S. antitrust law.  This decision allows manufacturers to set fixed prices for their products and forbid retailers from offering discounts.  This ruling permits manufacturers to adopt “resale price maintenance agreements” that forbid discounting, which is likely to have a negative impact on off-price and independent retailers.

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With the aid of consumer demand and legislative action, the cosmetic industry seems poised to undergo its own makeover in the near future.  Cosmetic manufacturers have long faced the angst of animal welfare groups protesting the use of animals to test the potential health risks of cosmetics and their ingredients.  Cosmetic manufacturers have responded to the public backlash by pointing out that in light of consumer pressure to offer safe and improved products, cosmetic testing on animals allows manufacturers to satisfy consumer demand while simultaneously protecting human health by enabling manufacturers to establish the safety of their products.  Additionally, in most countries manufacturers are required by trading standards and consumer protection laws to show their products are not toxic and dangerous to public health.

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Wool, textile and fur garment importers, sellers, distributors and advertisers may think labels are just a small detail on their products, but the Federal Trade Commission (FTC) disagrees.  The FTC has established specific labeling guidelines which require most textile, wool and fur products to contain labels that show care instructions, the fiber content, the country of origin, and the identity of the manufacturer or another business responsible for marketing or handling the item.  Clothing manufacturers can learn a lot from those who have already paid large penalties to the FTC for their labeling mistakes.

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