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

On Friday, December 18, 2009, the Consumer Product Safety Commission ("CPSC")  issued a notice announcing a revision to the terms of the stay of enforcement of the stringent certification and testing requirements under the Consumer Product Safety Improvement Act ("CPSIA"). With regard to testing and certifying children’s products for compliance with phthalate levels, the stay is continued while the CPSC works toward finalizing the accreditation requirements for testing labs. Once standards for a particular category of product are published in the Federal Register, the responsible parties will have 90 days to achieve compliance with the testing and certification requirements.  For children’s products subject to lead testing requirements, the stay has been extended for an additional year, to February 10, 2011.[1]
 

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On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely unconstitutional. Nonetheless, the judge dismissed the challenge to the Act on the ground that the state Attorney General does not intend to enforce it.
 

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In response to widespread criticism that the original deadline of February 10, 2009 set an unrealistic timetable for compliance, the Consumer Products Safety Commission deferred the deadline for companies to test children's products for lead content for one year.  Lawmakers plan to introduce legislation exempting some small businesses from CPSIA and requiring the Commission to clarify the confusion created by the law.

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It is estimated that consumers spent almost $100 billion on gift cards in 2007.  From the consumer's perspective, a gift card is an attractive alternative to an actual gift because it is easy to obtain and reduces the hassle and guess-work of gift-buying.  From a retailer's perspective, gift cards are a great way to attract new customers, strengthen brand loyalty, generate sales, provide an easy means of data-gathering, and reduce the costs of credit card processing.

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The LAPD and the Los Angeles County Sheriff's Department coordinated the largest raid ever on the Santee Alley downtown LA shopping district in late 2007, confiscating $8 million in counterfeit goods and arresting 26 people.  Among the confiscated merchandise were designs copied from labels such as Prada, Rolex, Fendi and Gucci.  The LAPD wants to send the message that selling counterfeit goods will no longer be tolerated.

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A drive past the corner shops of downtown Los Angeles or Manhattan will give anyone an idea of how flagrant counterfeiters of fragrances can be, and how necessary enforcement has become.  Unlike counterfeit handbags or apparel, fake perfume is applied to the skin and poses a special health risk to consumers, since some counterfeit fragrances include additives such as urine and antifreeze.

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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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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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Within the textile industry, pollution is known to be an issue, because textile production involves a number of processes that may use pesticides and chemicals. However, one of this year’s hottest fashion trends is going “green”. Organic shirts and pants can be found in mainstream retail stores. Design companies are using organic cotton for their latest runway shows. In May 2007, Vogue magazine devoted an issue to the so-called “eco-chic”. But how does one make sure that what is labeled “organic” in fact is organic and what are the standards to be met by manufacturers of clothing and fashion?

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