Here is a list of resources to help you learn more about what’s
required for you to do the right thing and avoid getting hit by penalties for
wrongdoing. We have many other articles in our blog that we invite you to peruse through as well.
Be advised that while we are providing this
information and it may be considered guidance, we are not guaranteeing that any
of the rules, regulations or protocols stated in these publications and
resources are current (in fact portions of it are outdated as you will see since
these laws frequently are amended, but it is what the government has published
and is therefore, publicly available), still applicable, or should be
considered as legal advice.
It is always recommended to have legal counsel review
anything you have put together to ensure you are actually complying with the
law.
MARKETING CLAIMS
Are you telling the
truth, the whole truth and nothing but the truth when it comes to your
product descriptions made in advertisements, whether in print or online? Perhaps, you’re stretching the truth???
Whatever the case may be, be advised that truthful marketing
statements and non-deceptive advertising are highly regulated areas. To learn more about what you can and can’t
do, check out these links here:
GREEN MARKETING
(“ECO-FRIENDLY”)
Part of the sustainable fashion movement? Are your products “Eco-friendly?” If they are, kudos to you! We are absolutely for the advancement of
products that could be considered “sustainable fashion.”
As a warning, however, the government has strict rules on
what can be claimed as “green” and even requires proof to substantiate any
claims made. Watch the video on their
website and find more information on this at this link here:
MADE IN USA
We make excellent products here in the U.S. and if you want to have the privilege of
labeling your products with the statement “Made in USA,” you better darn well
make sure that it was all or virtually made here in the USA. While this may sound relatively
straightforward, this can get complicated when some components have been imported
despite the manufacture of the final product being fabricated here in the
US. It’s complexity further rises when a
company wants it’s goods to qualify under the Buy American Act or to sell to
the government, which has its own criteria regarding products claiming to be
Made in USA.
For more on Made in USA disclosures, check out this page
here.
CLOTHING LABELS
Believe it or not, figuring out the proper way to state
required disclosures on clothing can get complicated fast when what you are
selling is either imported in to the USA, made in the USA but of foreign
components, or made up of US originating components that are assembled into a
finished product abroad. This is because
there are overlapping laws that apply to clothes under these circumstances.
It becomes further complicated if you are using recycled
materials, unknown fibers or miscellaneous scraps. Since there is so much misinformation out
there on this subject, we invite you to contact us with any questions related
to this subject.
IMPORTING
To put it mildly, importing laws are a beast unto
themselves. Nuances from fiber blends,
to articles sold as sets, to importing second hand clothes all raise specific
issues in relation to product classification, labeling, how it is marked and its
value determination.
US Customs Informed Compliance Publications cover a wealth
of subjects from apparel classification, to fiber trade names, to importing
basics. They all give you a head start
on how to do the right thing in terms of importing in to the US.
For these subjects, how to take advantage of money saving
opportunities through the trade agreements, and more, check out this
link.
EXPORTING / E-COMMERCE
“This is not your parent’s post office.” -- Anonymous, USPS Corporate Office Employee
Don’t be fooled by what the U.S. Postal Service used to be,
it currently provides the market’s share of shipping for e-commerce, and has
been steadily expanding its reach to new corners of the globe to better serve
you the merchant.
Have a look at its international services through the link
here.
TESTING
Many tests required under the apparel laws must be done by a
test laboratory certified by the US Consumer Product Safety Commission.
While approved by a US agency, they labs may
nonetheless be outside of the US.
To
search for a lab near you, check out this link
here:
DESIGN ISSUES
It's not uncommon that designers are concerned about the possibility of others taking their creative ideas and profiting from their intellectual property. Learn more about protecting yourself through trademark, patent and copyright protection at the US Patent and Trademark Office.
LAW SCHOOLS WITH A FASHION LAW TWIST
The following is a list of law schools that have either a Fashion
Law course, have hosted a “Fashion Symposium,” or have a “Fashion Club” on
campus.
- New York Law School
- Loyola Law School
- Fordham Law School
- Southwestern Law School
- University of Virginia School of Law
- Cardozo Law School
- New York University
- New England Law
- The John Marshall Law School
- Brooklyn Law School
- Hastings Law School
- Charlotte School of Law
- St. John’s University School of Law
- Touro Law School
- Howard University School of Law
- University of Southern California
Have questions or comments on fashion compliance and/or fashion law? Feel free to connect with us!
Email us at clark.deanna@gmail.com
