CTD 231: Chapter 2
trademark name
a particular producers's registered brand name for a generic product is permitted to accompany a generic name (e.g., DuPont's "Lycra" = spandex) •Most retailers and brands test fabrics provided by suppliers and mills to determine actual fiber content •Finer grades or premium fiber names allowed as long as they are accurate and listed beside generic name (e.g., Egyptian cotton or merino wool)
country of origin identification
-all apparel in the U.S. must have labels identifying the country of origin •Country of origin can affect consumer's perception of quality or decision to support domestic or global economy Information be in English or a reasonable English version for consumer to recognize (e.g., Italie= Italy) •Luxury apparel makes up small portion of total imported items •Customers' perception of high quality based on exotic country of origin •Low-priced imports make up majority of U.S. imports •Often associated with low quality and low fashion appeal •Not always the case because of improved technology and production methods •quality levels result from comfomity or non-conformity to quality standards; country of origin no longer.....
intellectual property rights
The rights given to protect the products of original creative thought by way of trademarks, patents, and copyrights
textile resource conservation
an effort to develop resource-efficient manufacturing processes that use fewer natural resources and discharge no wet waste into the environment
signature brands or signature labels
are private labels with celebrity endorsement
name brands or national brands (wholesale brands)
available to any retailer to buy and resale to consumers
Occupational Safety and Health Act (1970) (OSHA)
ensures safe and healthy work environment •Fair Labor Standards Act→ ensures good working conditions by regulating minimum wage, overtime pay, recordkeeping and youth employment
Equal Employment Opportunity Commission (EEOC)
government agency that enforces Civil Rights Act(1964) in which employees and job applicants are not discriminated against based on their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information
private labels
in house brands made exclusively for retailer; quality associated with retailer, not the manufactuer
union labels
indicate that garment was made under fair labor practices defined by a union •Indicates garment workers were not mistreated or misused •Represents union members' pride in their work •International Ladies Garment Workers Union (ILGWU) + Amalgamated Clothing and Textile Workers Union of America (ACTWU) = Union of Needletrades, Industrial and Textile Employees (UNITE)
Environmental Protection Agency (EPA)
oversees compliance with laws designed to reduce pollution at its source •Apparel industry has implemented a number of sustainable ("green") business practices •Reduce chemical emissions in textile and apparel production •Use less water and reduce energy consumption •Recover and recycle raw materials and fabric waste •Minimize packaging of finished goods •Use packaging that can be recycled or that degrades rapidly
copyright law
provides legal protection for authors of non-useful, original compositions •Denied to clothing because they are intrinsically useful articles; few exceptions
ethics
rules of conduct that reflect moral principles of honesty, integrity, and fairness •Ethics standards sometimes compromised for financial gain •International business is complicated by different people's opinions of ethical behavior in different parts of the world •No international Better Business Bureau to enforce laws for companies in other countries to treat all other companies fairly •Letters of Creditprotect both buyer and seller, in which payment is not released from buyer's bank to the seller until the factory or mill meets certain stipulations
Apparel Industry Partnership (1997)
seeks to eliminate sweatshops; defines a code of conduct for humane and decent working conditions; states obligations that companies have to enforce the code with their contractors and factories
patent
the exclusive right to produce an item or feature with an item that is completely new and useful in its invention or technological advancement
Labels in ready-to-wear garments inform consumers about
the garments' quality and performance, which also help in clothing selection and care
certification or seal of approval
the products meets the certifying agency's standards for quality •Only as good as the standards and reputation of the agency issuing it •Sometimes used to promote a specific fiber
fiber must be identified by
their generic names •Non-English or non-U.S. names allowed as long as English generic name also appears •Examples → soie= silk; polymide= nylon
Immigration Reform and Control Act (IRCA 1986)
unlawful to intentionally hire unauthorized workers; companies must verify employment eligibility status of newly-hired employees
size
used by manufacturers and retailers as a line assortment-planning device and as a marketing tool; used by consumers to find a garment that fits •Suggestsa garment will fit based on the consumer's body measurements •Sizes grouped together based on consumers' sex, age, and/or body type •No official U.S. sizing standards; sizes are unique to each company •A variety of cuts and fits offered by manufacturers assures consumers of any body type that they can find apparel that fits
low labeling
used by some countries that do not have extensive knowledge of U.S. care label regulations or consumer laundering practices •A more conservative care method is used than the garment requires •Example → garment labeled as "Machine Wash Cold" to prevent color loss when it can be washed at warmer temperatures without color loss
compliance
with rules and regulation monitored by on-site factory visits to survey the facilities and working conditions prior to a retailer or brand engaging in a business contract with the factories •Clean and uncluttered fire exits, work, and walk areas •Appropriate number of fire exits per total number of employees •Adequate ventilation to ensure indoor air quality •Adequate lighting •Ergonomics(equipment, devices, and work processes that best accommodate the human body)to reduce cumulative trauma disorders(e.g., chronic back pain, tendonitis, carpel tunnel syndrome, bursitis, & tennis elbow)
secondary materials and recycled textile association (SMART)
working to increase amount of textile waste that can be recovered while developing new uses, products, and markets for products derived from pre-consumer and post-consumer textile waste
silk labeling regulation
•1932 → any product label Pure Silkor Pure Dye Silkcannot contain more that 15% weighting if black or more than 10% weighting if any other color •Weighting (soaking silk in metallic salts) increases a silks weight and improves its dyeability Makes silk less durable and more prone to wrinkling
Fur Products Labeling Act (FPLA)
•1952 (amended 1998) → Regulates labeling of garment made of fur (fibers still attached to animal skin) •Fur products must have label with only animals English name and the furs country of origin •Must also include if fur is waste fur, or if it has been used, damaged, dyed, bleached, or otherwise treated to change the color
Guidelines for drawstrings on children's outerwear
•1996 → helps prevent children from strangling or getting entangled in drawstrings on jackets, sweatshirts, and hooedtops or shirts •2006 → CPSC encouraged use of ASTM's consumer safety standard that ensures certain garments do not have drawstrings at hood or neck area that may pose a strangulation hazard to children •Suggests alternative closures, such as snaps, buttons, Velcro, and elasticin place of all hood and neck drawstrings in children's garments •Requires waist/bottom drawstrings to extend no more than 3" out of the garment when fully expanded, and must be securely attached or sewn at garment's midpoint to prevent removal •Recommends eliminating toggles and knots at the ends of drawstrings
Consumers Products Safety Improvement Act (CPSIA)
•2008 → changed how product safety is regulated in U.S. for children's and some non-childrensproducts •Regulates the use of special, highly light-reflective fabrics as trim or decoration on biking and jogging clothing and some occupational clothing •Used in small amounts on prominent areas of the garment •Manufacturers, importers, distributors, and retailers must ensure that all consumer products comply with CPSIA and laws enforced by CPSC
care symbols
•A voluntary standard established by the ASTM that provides care symbols and system for their use for consumers to be able to care for apparel and other textile products •Help to overcome language barriers in the international market if consumers understand them
manufacturer identification
•All garments must have labels identifying their foreign manufacturer, importer, wholesaler, or retailer •A company's or brand's registered FTC identification number must appear on the label •Registration number→ numbers that appear after RN •A company may have more than one RN for various divisions •Some older companies have a WPL number (Wool Products Labeling Act) instead •Garments produced in or destined for Canada have a CA number
regulations on apparel labeling
•All regulations administered by Federal Trade Commission (FTC) •Information may be woven in or printed on labels •Labels can be attached in many ways or directly printed on the garment •Labels with country-of-origin and care information must remain readable and permanently affixed to garment for its useful life •Fiber identification only needs to be provided at initial point of sale
Guides for Select Leather and Imitation Leather Products
•Applies to most leather and leather-simulated products Includes footwear, wallets, handbags, and belts not sold as part of a garment •Defines how leather products should be labeled •Leather type and kind must be disclosed when processed to simulate another leather type or kind •Reconstituted, bonded, ground, pulverized, and shredded leather products should not be represented as leather and must disclose the percentages of leather and non-leather substances in the material
implied warranty
•Care labels act as implied warranties by the manufacturer that if the consumer follow the care instructuons, then the garment will retain its appearance •Requires manufacturer to recommend only one care method, although others may work as well •Must warn against a care method that could harm the garments or others being cleaned along with it •A care method that minimizes shrinkage, color looss, and deterioration is ideal •Some consumers use care labels to determine their clothing purchases •Affects garment's perceived performance and/or quality
consumer responsibilities
•Consumers often use fiber content to determine care method to be used •However, variations in finishes, fibers, yarns, and fabric structures may require different care method than the fiber content might suggest •Buttons, trim, and other components may not be washable on an otherwise washable garment •Because of limited space on a care label, manufacturers may only list one set of care method instructions •Consumers take a risk into their own hands when using an alternative care method other than the one listed
Flammable fabrics act continue
•Discourages use of any dangerously flammable fabrics in apparel(e.g., sheer rayon skirts & scarves, rayon/nylon chenille sweaters, cotton & polyester/cotton fleece garments, & cotton terry cloth robes) •Establishes strict requirements for infant and children's (sizes 0 - 6X & 7 - 14) nightgowns, pajamas, robes, and other sleep-related accessories •Exemptions →diapers and underwear; tight-fitting children's sleepwear; and infant garments that are ages 9 months or smaller, 25.75" or less in length for one piece, and 15.75" or less in length for each two-piece set •Many companies that produce casual or lounge wear that can be mistaken for sleepwear have different flammability testing requirements •Testing shows that tight fit appears to be more important than the fabric's flame resistance
Textile Fiber Products Identification Act
•Enacted in 1939 and amended in 2000 •Requires all garments sold in the U.S. to have permanent labels that provide the fiber content, manufacturer's or importer's name, and country of origin
Flammable Fabrics Act
•Established by FTC IN 1953;enforced by CPSC since 1972 •Classifies fabrics used in clothing, vinyl plastics, carpets and rugs, mattresses and mattress pads, and children's sleepwear according to how fast they burn under controlled testing conditions •Class 1:Normal flammability (suitable for clothing) → flame spread is > 3.5 seconds for non-raised fiber fabrics and > 7 seconds for raised fiber fabrics or burn with a rapid surface flash (0 - 7 seconds) •Class 2: Intermediate flammability → flame spread is 4 - 7 seconds and base fabric ignites or fuses •Class 3: Rapid and intense burning (not suitable for clothing) → flame spread in < 3.5 seconds for non-raised fiber fabrics and < 4 seconds for raised fiber fabrics, & flame's intensity ignites or fuses the base fabric
Consumer Products Safety Commission (CPSC) regulates:
•Flammability and other safety issues →Flammable Fabrics Act,Regulations for Toys and Children's Articles, &Guidelines for Drawstrings on Children's Outerwear •Federal Hazardous Substance Act (FHSA) →Prohibits the use of lead of toxic chemicalsin the dyes or finishing processes of clothing •California's Proposition 65 restricts lead or lead substrates in apparel or trim used in apparel products •Consumer Product Safety Improvement Act (CPSIA)→ outlines testing requirements for children's and some non-children's products
Feather and Down Products
•Guides for the Feather and Down Products Industry regulated labeling of feather- and down-filled products until 1998 •Feather (a birds outer covering) and down (a waterfowls undercoating) must be accurately labeled and advertised •Crushed, damaged, or used feathers or down must be labeled as such •Labels must always have: •The content of any filling •The particular bird type that the feathers or down comes from •Whether the product has been chemically treated to improve its performance
Wool Products Labeling Act (WPLA)
•Implemented in 1939 and updated in 2010 •Wool is the fleece of sheep or lamb or the hair of Angora rabits, Angora Cashmere goats, camels, alpacas, llamas, or vicuna Percentage content must disclosed, even if less than 5% •Name of specific animal may be listed if more than 5% of total fiber weight •New woolor virgin wool→animals younger than 7 months old •Recycled wool (shoddy) → previously fabricated (possibly used) and reclaimed into fiber form
care labeling rule
•In effect since 1971, it requires apparel to have a permanently affixed care label that provides full instructions for regular care of the garment •All ready to wear garments must have permanent care label, except: •Reversible garments that have not pockets •Garments on which a label would take away from their appearance or usefulness (e.g., hosiery) •Garments that can hold up to any care method under regulation 423.5 •Garments sold to institutional buyers for commercial use •Multi-piece garments only require to have one care label, but labeling each piece is preferred •Garment's care label must be easily visiableto the consumer at point of sale •If not, care instructions must be provided on the packaging or hangtag
country of origin identification part 2
•Manufacturer required to name where garment (or fabric) was "substantially transformed" •U.S. Customs Service defined substantial transformationas "the modification of a product through a significant manufacturing process that results in a new and different article of commerce, having a new name, character, or use" •Clothing made completely in another country must be labeled Made in (Name of Country) •Goods made of U.S. fabric that are cut and sent offshore for assembly and labelingmustbe labeled Made in (Name of Country Where Assembled) of U.S. Materials •Made in U.S.A. →a product must be all or virtually all made in the United States under the "one-step removed" rule (merely finishing or modifying a partially or nearly complete foreign product is not enough) Garments made in U.S. of non-U.S. materials =Made in U.S.A. of Imported Fabric
regulations for toys and childrens articles, PART 1501
•Method for identifying toys and other articles intended for use by: •Children under 3 years of age that present choking, aspiration, or ingestion hazards because of small parts •Children under 8 years of age that have a sharp point and/or sharp edge •Similar regulations for children's wearing apparel and shoes are lacking, so these testing methods and standards have been adopted to ensure safety •Size, pull strength, and shapenessof trim items(e.g., snaps & buttons) are of particular importance •Recalls issued if products are considered dangerous by the regulations
Clearly and accurately written labels reflect government regulations written on behalf of consumers
•Protect consumers from purchasing hazardous products •Protect the apparel industry and its workers with safe and fair business practices •Apply to all apparel products made in and imported to the U.S. •Apparel and household textiles made for export may need to adhere to the other countries' regulations
5 basic symbols...etc
•Washtub shape = washing •Triangle = bleach •Square = drying •Iron = ironing •Circle = dry cleaning •"X" over symbol = do not do it •Number of dots = recommended temperature; higher number of dots = higher temperature or heat setting •Machine cycles represented by underlines (or minus signs) under the symbol; higher number of lines = increased reduction of action of the appliance •If garment's trim requires special care, the label must say "Remove Trim"
fiber content
•affects a garment's appearance, ease of care, comfort, durability and cost •Each fiber in garment listed as a percentage by weight in order of predominance •3% tolerance allowed (zero tolerance for 100%) •Fibers less than 5% of total weight listed as "other fibers," unless they make a significant contribution to the garments performance or are wool fibers •Findings and trims that exceed 20% and embellishments that exceed 15% of garment surface must be identified •Exception → Elastic content must always be included Mislabeling does happen from time to time (e.g., fiber percentage inflated
trademark
•any word, brand name, symbol, device, or combination thereof to distinguish one manufacturer's products from another's; includes ® (registered with U.S. Patent and Trademark Office) or ™ (unregistered or state registered) •Protects designer from unauthorized use •Best legal strategy for designers to challenge knockoffs •Customers may associate quality with brand name based on fashion popularity at the time, but actual quality must be evaluated based on functional performance
licensed brands
•brand name licensed to retailer or other companies for use on their products; royalty fees paid for privilege of using name, trademark, or logo •Licensor may or may not have control of actual product design or quality •Accessories, fragrances, and home furnishings often have licensed names of famous designers •Includes names of music & movie stars, cartoon characters, sports figures & sports teams, corporations, colleges & universities, festivals & special events, works of art, and product brand names
knockoff
•copy or near-copy of a design under a different brand name •Line-for-line copy (exact replica) rarely created; less costly materials used and design simplified to cut fabric and labor costs
counterfeit goods
•fakes or copies of currently popular branded apparel that illegalyuse the rightful producer's brand name or trademark •Many counterfeit goods produced overseas and sold in nontraditional venues •Reputable retailers may be deceived into buying counterfeit goods if they are desperate for a specific product brand and fail to investigate their sources
reasonable basis for care labels
•includes evidence such as garment testing methods, current technical literatutre, past experiences, or industry experience •Must prove that a care method will harm a garment labeled as such •The apparel manufacturer knows all about the garments and their components, so it is responsible for determining a safe care method for the garments
copyright
•set of exclusive rightsgranted to authors or owners of published literary, scientific, and artistic works fixed in a tangible form •Protection includes sketches, paintings, and photographs that might be used in textile designas well as knit texturesthat are original and not in the public domain •Protection extends only to the manner of expressionnot to the underlying themes
implied warranty
•warranty in that they will be suitable to the purpose for which they were created •Some products come with an express orwritten warranty(legally binding) on the label informing that the product will perform at a certain level (e.g., Guaranteed Not to Fade)
