Background

The Federal Trade Commission is accepting comments through April 18 on a petition from the American Apparel & Footwear Association asking the FTC to allow digital care labels on apparel items.

The Care Labeling Rule requires importers and manufacturers to display certain information about apparel, such as care instructions, on a physical label that is affixed to the garment. However, the global proliferation of similar labeling requirements “has led to label creep,” the petition states – “lengthy labels in small text in multiple languages and with confusing symbols that are hard to read, and understand, printed on large, uncomfortable tags.”

The petition therefore asks the FTC to “bring the Care Rule into the Internet era” and allow the use of digital labels (e.g,. URLs or QR codes) on apparel items to deliver care information. The petition asserts that such a change would (1) better and more conveniently inform consumers, including those unable able to access labels due to the limitations and practical impact of the current regulatory frameworks, about the care of their products, (2) save millions of dollars in printing and labeling costs, and (3) help reduce waste.

The FTC states that it may grant or deny this petition in whole or in part, or it may deem the petition insufficient to warrant commencement of a rulemaking proceeding, but that it will not consider the petition’s merits until after the comment period closes.

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