U.S. Federal Trade Commission alerts hat industry regarding mislabeling of hats

trummy · Feb 13, 2014

The U.S. market for Western style hats is rife with mislabeled products that defraud consumers, are a source of unfair competition for honest manufacturers and retailers, and are in violation of the Wool Products Labeling Act of 1939. Wool felt hats, which lack the performance characteristics of fur felt hats, are being labeled in such a way as to cause consumers to believe they are buying fur felt hats worth four or five times what an appropriately labeled wool hat typically sells for. Such mislabeling has been confirmed by independent laboratories, is pervasive, and does not involve trace inadvertent contamination. The reputation of an iconic America product -- one that enjoys a large and growing domestic market as well as exports -- is threatened by mislabeled products. On behalf of my client, Hatco, maker of Stetson and Resistol hats, I asked the FTC to undertake education of the the trade regarding the labeling law. I am please to say that, yesterday, the FTC acted on my request. You can read more at
http://textilesandtrade.blogspot.com/2014/02/success-at-ftc-regarding-fiber-content.html

fedoracentric · Feb 13, 2014

Interesting. Thanks for posting. Now we'll have to see if there is any teeth in enforcement on that decision.

trummy · Feb 13, 2014

fedoracentric said:
Interesting. Thanks for posting. Now we'll have to see if there is any teeth in enforcement on that decision.

Now that the FTC has warned the offenders my client believes the offending companies will voluntarily come into compliance. If they don't the FTC will consider them to be willfully and knowingly violating the law, which carries a fine of up the $16,000 per violation (that's per hat). There is also a right of private action under the Lanham Act, that means consumers, or, for that matter, my client, can suit the bad actors in federal court.

Atticus Finch · Feb 13, 2014

Analyses at independent fiber testing laboratories, Modern Testing Services, LLC and K.D. Langley Fiber Services, confirmed that hats from four major producers were materially mislabeled as to fiber content.

Are you able to disclose the identities of these four producers? Inquiring minds would like to know.

AF

-30- · Feb 13, 2014

"regarding the fiber content labeling requirement under the Wool Products Labeling Act of 1939."

Although this Act has nothing at all to do with "other fibers", what about Other Fibers & Their Listing?

Eg:

"Beaver", "Real Beaver", "Real Fur", "Real Fur Felt", "100% Fur Felt","XXX", "XXXXXX",

"XXXXXXXXXX", "Superior Quality", "Quality Superior", The list goes on.

Those who live in glass houses (HATCO) should not throw stones!
LOL.

Regards,
J T

fedoracentric · Feb 13, 2014

-30- Looks to me like you might be mixing apples (fur) with oranges (wool). The point of the legislation is to separate wool products from fur, I think. What you are remarking on is the mixture of different furs together (how much beaver vs how much rabbit).

trummy · Feb 13, 2014

Atticus Finch said:
Are you able to disclose the identities of these four producers? Inquiring minds would like to know.

AF

No, for legal reasons I cannot name them.

trummy · Feb 13, 2014

-30- said:
"regarding the fiber content labeling requirement under the Wool Products Labeling Act of 1939."

Although this Act has nothing at all to do with "other fibers", what about Other Fibers & Their Listing?

Eg:

"Beaver", "Real Beaver", "Real Fur", "Real Fur Felt", "100% Fur Felt","XXX", "XXXXXX",

"XXXXXXXXXX", "Superior Quality", "Quality Superior", The list goes on.

Those who live in glass houses (HATCO) should not throw stones!
LOL.

Regards,
J T

Hatco's labeling is in compliance with the law. If the hat contains any wool they disclose the percentage by weight of wool and any other fiber, such as fur. If the hat contains no wool there is no requirement to say anything about the fiber content, however, one may voluntarily disclose truthful information about the fiber content.

-30- · Feb 13, 2014

This was my Disclaimer:

"Although this Act has nothing at all to do with "other fibers", what about Other Fibers & Their Listing?"

Do bear in mind that the "Wool Products Labeling Act of 1939", although having no standing re my comment,

was passed for a similar reason, it being to "uncloud" the opaque and/or elusive description(s) of the

then (and present) hat industry.

So Gentlemen, just what does "XXX" refer to, or for that matter XXXXXX?

What does the term "Real Fur Felt" really mean?

Here is another "good one" - "Real Beaver".

Type of fiber and that of product content is generally a Consumer Unknown.

The Act of 1939 did not go far enough to include Fur Felt, so that we remain

today in the dark just as we did in 1939. (Re FUR FELT.)

Regards,
J T

Atticus Finch · Feb 13, 2014

trummy said:
Hatco's labeling is in compliance with the law. If the hat contains any wool they disclose the percentage by weight of wool and any other fiber, such as fur. If the hat contains no wool there is no requirement to say anything about the fiber content, however, one may voluntarily disclose truthful information about the fiber content.

I'm not trying to nit-pick...I applaud your efforts on behalf of your client…but it seems that this action taken by the FTC is based entirely on the Wool Products Labeling Act of 1939 and concerns only the wool content of hats. In other words…and please correct me if I’m wrong…a company could make a hat from 100% opossum fur and call it XXXXX Beaver, and this FTC action would do nothing to prevent it.

But regardless, perhaps this is a start toward more truthful hat labeling, and for that I thank you and your client.

AF

trummy · Feb 13, 2014

Atticus Finch said:
I'm not trying to nit-pick...I applaud your efforts on behalf of your client…but it seems that this action taken by the FTC is based entirely on the Wool Products Labeling Act of 1939 and concerns only the wool content of hats. In other words…and please correct me if I’m wrong…a company could make a hat from 100% opossum fur and call it XXXXX Beaver, and this FTC action would do nothing to prevent it.

But regardless, perhaps this is a start toward more truthful hat labeling, and for that I thank you and your client.

AF

As much as I, as someone who wears a fur felt hat every day from September 15 to May 15 (straw for summer) would like to see better regulation of the nomenclature for fur felt hats, it cannot be done administratively by the Federal Trade Commission, it would take an act of congress and no one is proposing one. Hint, hint, if you want to hire me to lobby for one all be all over it.

fedoracentric · Feb 13, 2014

Atticus Finch said:
In other words…and please correct me if I’m wrong…a company could make a hat from 100% opossum fur and call it XXXXX Beaver, and this FTC action would do nothing to prevent it.

AF

No, you are incorrect. Using possum fur and calling it beaver is still against the law because it is false advertising.

Now, if they sold their possum fur hat as "100% Fur Felt" they would be within the law.

fedoracentric · Feb 13, 2014

Also note that the fur felt industry has never, ever been regulated in the percentage of furs. And I don't want congress getting involved to clarify it, either.

Mr. trummy did his job quite well, within the law, and wholly in keeping with morality.

But, let's note that these regulations are always, always a result of crony capitalism and protectionism of some sort and for some sector or another.

trummy · Feb 13, 2014

fedoracentric said:
No, you are incorrect. Using possum fur and calling it beaver is still against the law because it is false advertising.

Now, if they sold their possum fur hat as "100% Fur Felt" they would be within the law.

The problem with trying to prosecute such mislabeling under the general provisions in the Federal Trade Commission Act is that "Beaver" has been so widely misused for decades that the bad actors could make a plausible argument that a reasonable consumer would not be mislead. The argument would, of course, be disingenuous, but it would likely be enough to derail the case. That's why I say it would take a change in the law. I was involved, a few years ago, in successfully getting the Wool Products Labeling Act of 1939 amended to tighten the definition of "cashmere" and to regulate the use of "Super S" (such as "Super 120s) designations on men's suits. In the case of the Super S, there was an accepted international Code of Practice, but manufacturers and retailers were ignoring it and inflating the numbers. It was clearly fraud, but we could get no enforcement until we got the law changed to conform to the Code. Prior to that the bad actors could simply say, "Well that's what you say Super 120s means, but we have our own definition."

Atticus Finch · Feb 13, 2014

fedoracentric said:
No, you are incorrect. Using possum fur and calling it beaver is still against the law because it is false advertising.

Now, if they sold their possum fur hat as "100% Fur Felt" they would be within the law.

Not sure you're right because "XXXXX Beaver" has no specific definition. But that wasn't what I was saying, anyhow. My point was that the FTC action that is the topic of this thread would not address it.

AF

CaramelSmoothie · Feb 14, 2014

I had no idea that "Super 120s" was an established term in the garment industry. I have several pair of Super 120s wool pants from J. Crew, but I didn't understand exactly what it was....This is good to know.

Anything that forces the hand of the business establishment to be honest is always a good thing. I only collect vintage hats so I don't have a dog in this fight.

Jedwbpm · Feb 14, 2014

We were told that do to export and import rules that hat companies will have to label what their hats are made of and that meant what kind of fur and much of each kind. This past year Hatco sent out a letter to retailers telling us that they were adding an X to all there Western Hats while not making any changes to the hats.

Jeff

barrowjh · Feb 14, 2014

I appreciate trummy's accomplishment - it is not just a protection to Hatco; prevention of false advertising will be of some benefit to every custom hatter as well. This should be of some benefit to both Winchester Hat Co and Fepsa (hood suppliers), every person and business that is committed to delivering quality fur felt products.

trummy · Feb 19, 2014

Jedwbpm said:
We were told that do to export and import rules that hat companies will have to label what their hats are made of and that meant what kind of fur and much of each kind. This past year Hatco sent out a letter to retailers telling us that they were adding an X to all there Western Hats while not making any changes to the hats.

Jeff

Jeff, I just sent a Boston neighbor to DelMonico Hatter. He wants a Panama. Why he wants a Panama out of season I do not know. His name is Michael B. A few years ago one of the lawyers whose office is in the same building as mine, Roger W., was lamenting in the elevator that he couldn't find a hatter, so I sent him to you. If I recall correctly he bought a boater and a fedora. I'm an Eastern style man myself, not Western, but I have an office full of Western style hats each with a 4" x 6" swatch cut out of the brim to send to the laboratories for analysis. Now if I could just come up with a way to make hats with a notch cut out of the brim the next fashion trend I could corner the market.

TheDane · Feb 19, 2014

trummy said:
Now if I could just come up with a way to make hats with a notch cut out of the brim the next fashion trend I could corner the market.

A small aquarium with a sharks gill(?) Right shape - right side - and a sharks gill would suit the hat. Or maybe you could sell them on the British market. The notch makes it a lot easier to wear an umbrella with a broad brimmed western. I'm sure, you'll come up with something

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