16 CFR 423

16 C.F.R. PART 423

—

CARE LABELING OF TEXTILE

WEARING APPAREL AND CERTAIN PIECE GOODS

AS AMENDED

Title 16 - Commercial Practices

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PART 423

—

CARE LABELING OF TEXTILE WEARING APPAREL

AND CERTAIN PIECE GOODS AS AMENDED

Section Contents

§

423.1 Definitions.

§

423.2 Terminology.

§

423.3 What this regulation does.

§

423.4 Who is covered.

§

423.5 Unfair or deceptive acts or practices.

§

423.6 Textile wearing apparel.

§

423.7 Certain piece goods.

§

423.8 Exemptions.

§

423.9 Conflict with flammability standards.

§

423.10 Stayed or invalid parts.

Appendix A to Part 423

—

Glossary of Standard Terms

Authority:

38 Stat. 717, as amended; (15 U.S.C. 41, et seq.)

Source:

48 FR 22743, May 20, 1983; 48 FR 24869, June 3, 1983, unless otherwise

noted.

§

423.1 Definitions.

top

(a)

Care

label

means

a

permanent

label

or

tag,

containing

regular

care

information and instructions, that is attached or affixed in such a manner that it

will not become separated from the product and will remain legible during the

useful life of the product.

(b)

Certain Piece Goods

means textile products sold by the piece from bolts or

rolls for the purpose of making home sewn textile wearing apparel. This includes

remnants, the fiber content of which is known, that are cut by or for a retailer

but does not include manufacturers' remnants, up to ten yards long, that are

clearly

and

conspicuously

marked

pound

goods

or

fabrics

of

undetermined

origin

(i.e., fiber content is not known and cannot be easily ascertained) and

trim, up to five inches wide.

(c)

Dryclean

means

a

commercial

process

by

which

soil

is

removed

from

products or specimens in a machine which uses any common organic solvent

(e.g. petroleum, perchlorethylene, fluorocarbon). The process may also include

adding moisture to the solvent, up to 75% relative humidity, hot tumble drying

up to 160 degrees F (71 degrees C) and restoration by steam press or steam-air

finishing.

(d)

Machine Wash

means a process by which soil is removed from products in a

specially designed machine using water, detergent or soap and agitation. When

no temperature is given, e.g.,

warm

or

cold,

hot water up to 145 degrees F (63

degrees C) can be regularly used.

(e)

Regular Care

means customary and routine care, not spot care.

(f)

Textile

Product

means

any

commodity,

woven,

knit

or

otherwise

made

primarily of fiber, yarn or fabric and intended for sale or resale, requiring care

and maintenance to effectuate ordinary use and enjoyment.

(g)

Textile Wearing Apparel

means any finished garment or article of clothing

made from a textile product that is customarily used to cover or protect any part

of the body, including hosiery, excluding footwear, gloves, hats or other articles

used exclusively to cover or protect the head or hands.

[48 FR 22743, May 20, 1983; 48 FR 24869, June 3, 1983, as amended at 65 FR

47275, Aug. 2, 2000]

§

423.2 Terminology.

top

(a) Any appropriate terms may be used on care labels or care instructions so

long

as

they

clearly

and

accurately

describe

regular

care

procedures

and

otherwise fulfill the requirements of this regulation.

(b) Any appropriate symbols may be used on care labels or care instructions, in

addition

to

the

required

appropriate

terms

so

long

as

the

terms

fulfill

the

requirements of this part. See §

423.8(g) for conditional exemption allowing the

use of symbols without terms.

(c)

The

terminology

set

forth

in

appendix

A

may

be

used

to

fulfill

the

requirements of this regulation.

[48 FR 22743, May 20, 1983; 48 FR 24869, June 3, 1983; 62 FR 29008, May 29,

1997]

§

423.3 What this regulation does.

top

This regulation requires manufacturers and importers of textile wearing apparel

and certain piece goods, in or affecting commerce, as ―commerce‖ is defined in

the Federal Trade Commission Act, to provide regular care instructions at the

time such products are sold to purchasers through the use of care labels or other

methods described in this rule.

§

423.4 Who is covered.

top

Manufacturers and importers of textile wearing apparel and certain piece goods

are covered by this regulation. This includes any person or organization that

directs or controls the manufacture or importation of covered products.

§

423.5 Unfair or deceptive acts or practices.

top

(a)

Textile wearing apparel and certain piece goods.

In connection with the sale,

in or affecting commerce, of textile wearing apparel and certain piece goods, it

is an unfair or deceptive act or practice for a manufacturer or importer:

(1) To fail to disclose to a purchaser, prior to sale, instructions which prescribe

a regular care procedure necessary for the ordinary use and enjoyment of the

product;

(2)

To

fail

to

warn

a

purchaser,

prior

to

sale,

when

the

product

cannot

be

cleaned by any cleaning procedure, without being harmed;

(3) To fail to warn a purchaser, prior to sale, when any part of the prescribed

regular

care

procedure,

which

a

consumer

or

professional

cleaner

could

reasonably be expected to use, would harm the product or others being cleaned

with it;

(4) To fail to provide regular care instructions and warnings, except as to piece

goods, in a form that can be referred to by the consumer throughout the useful

life of the product;

(5)

To

fail

to

possess,

prior

to

sale,

a

reasonable

basis

for

all

regular

care

information disclosed to the purchaser.

(b)

Violations of this regulation.

The Commission has adopted this regulation to

prevent the unfair or deceptive acts or practices, defined in paragraph (a) of this

section. Each manufacturer or importer covered by this regulation must comply

with the requirements in §

§

423.2 and 423.6 through 423.8 of this regulation.

Any manufacturer or importer who complies with the requirements of §

§

423.2

and 423.6 through 423.8 does not violate this regulation.

(Approved by the Office of Management and Budget under control number

3084

–

0046)

§

423.6 Textile wearing apparel.

top

This section applies to textile wearing apparel.

(a) Manufacturers and importers must attach care labels so that they can be

seen or easily found when the product is offered for sale to consumers. If the

product is packaged, displayed, or folded so that customers cannot see or easily

find

the

label,

the

care

information

must

also

appear

on

the

outside

of

the

package or on a hang tag fastened to the product.

(b) Care labels must state what regular care is needed for the ordinary use of

the product. In general, labels for textile wearing apparel must have either a

washing

instruction

or

a

drycleaning

instruction.

If

a

washing

instruction

is

included, it must comply with the requirements set forth in paragraph (b)(1) of

this section. If a drycleaning instruction is included, it must comply with the

requirements set forth in paragraph (b)(2) of this section. If either washing or

drycleaning can be used on the product, the label need have only one of these

instructions. If the product cannot be cleaned by any available cleaning method

without being harmed, the label must so state. [For example, if a product would

be harmed both by washing and by drycleaning, the label might say ―Do not

wash

—do not dryclean,‖ or ―Cannot be successfully cleaned.‖] The instructions

for washing and drycleaning are as follows:

(1) Washing, drying, ironing, bleaching and warning instructions must follow

these requirements:

(i)

Washing.

The label must state whether the product should be washed by

hand or machine. The label must also state a water temperature

—

in terms such

as

cold,

warm,

or

hot

—

that may be used. However, if the regular use of hot

water up to 145 degrees F (63 degrees C) will not harm the product, the label

need not mention any water temperature. [For example,

Machine wash

means

hot, warm or cold water can be used.]

(ii)

Drying.

The

label

must

state

whether

the

product

should

be

dried

by

machine or by some other method. If machine drying is called for, the label

must also state a drying temperature that may be used. However, if the regular

use of a high temperature will not harm the product, the label need not mention

any drying temperature. [For example,

Tumble dry

means that a high, medium,

or low temperature setting can be used.]

(iii)

Ironing.

Ironing must be mentioned on a label only if it will be needed on a

regular basis to preserve the appearance of the product, or if it is required under

paragraph (b)(1)(v) of this section,

Warnings.

If ironing is mentioned, the label

must

also

state

an

ironing

temperature

that

may

be

used.

However,

if

the

regular use of a hot iron will not harm the product, the label need not mention

any ironing temperature.

(iv)

Bleaching.

(A) If all commercially available bleaches can safely be used on

a regular basis, the label need not mention bleaching.

(B) If all commercially available bleaches would harm the product when used on

a regular basis, the label must say ―No bleach‖ or ―Do not bleach.‖

(C) If regular use of chlorine bleach would harm the product, but regular use of

a non-

chlorine bleach would not, the label must say ―Only non

-chlorine bleach,

when

needed.‖

(v)

Warnings.

(A) If there is any part of the prescribed washing procedure which

consumers can reasonably be expected to use that would harm the product or

others being washed with it in one or more washings, the label must contain a

warning to t

his effect. The warning must use words ―Do not,‖ ―No,‖ ―Only,‖ or

some

other

clear

wording.

[For

example,

if

a

shirt

is

not

colorfast,

its

label

should state ―Wash with like colors‖ or ―Wash separately.‖ If a pair of pants will

be harmed by ironing, its la

bel should state ―Do not iron.‖]

(B) Warnings are not necessary for any procedure that is an alternative to the

procedure prescribed on the label. [For example, if an instruction states ―Dry

flat,‖ it is not necessary to give the warning ―Do not tumble dry.‖]

(2)

Drycleaning

—

(i)

General.

If a drycleaning instruction is included on the label,

it must also state at least one type of solvent that may be used. However, if all

commercially available types of solvent can be used, the label need not mention

any ty

pes of solvent. The terms ―Drycleanable‖ or ―Commercially Dryclean‖ may

not be used in an instruction. [For example, if drycleaning in perchlorethylene

would harm a coat, the label might say ―Professionally dryclean: fluorocarbon or

petroleum.‖]

(ii)

Warnings.

(A)

If

there

is

any

part

of

the

drycleaning

procedure

which

consumers or drycleaners can reasonably be expected to use that would harm

the product or others being cleaned with it, the label must contain a warning to

this effect. The warning must use t

he words ―Do not,‖ ―No,‖ ―Only,‖ or some

other clear wording. [For example, the drycleaning process normally includes

moisture addition to solvent up to 75% relative humidity, hot tumble drying up

to 160 degrees F and restoration by steam press or steam-air finish. If a product

can be drycleaned in all solvents but steam should not be used, its label should

state ―Professionally dryclean. No steam.‖]

(B) Warnings are not necessary to any procedure which is an alternative to the

procedure

prescribed

on

the

label.

[For

example,

if

an

instruction

states

―Professionally dryclean, fluorocarbon,‖ it is not necessary to give the warning

―Do not use perchlorethylene.‖]

(c)

A

manufacturer

or

importer

must

establish

a

reasonable

basis

for

care

information by processing prior to sale:

(1) Reliable evidence that the product was not harmed when cleaned reasonably

often

according

to

the

instructions

on

the

label,

including

instructions

when

silence has a meaning. [For example, if a shirt is labeled ―Machine wash. Tumble

dr

y. Cool iron.,‖ the manufacturer or importer must have reliable proof that the

shirt is not harmed when cleaned by machine washing (in hot water), with any

type of bleach, tumble dried (at a high setting), and ironed with a cool iron]; or

(2)

Reliable

evidence

that

the

product

or

a

fair

sample

of

the

product

was

harmed when cleaned by methods warned against on the label. However, the

manufacturer or importer need not have proof of harm when silence does not

constitute a warning. [For example, if a shirt is

labeled ―Machine wash warm.