July 2008 has been a month of important fine tunings, clarifications, and dialogue regarding organic textile standards and environmental marketing claims. We will be discussing, the Version 2.0 of the Global Organic Textile Standards (GOTS), the Federal Trade Commission’s 3rd workshop, and the very interesting timing of a new NOP fact sheet “Labeling of Textiles Under National Organic Program (NOP) Regulations”, which despite its merits, appears in part to be a lack of dialogue with the FTC.
Recall that in “Hail the new Global Organic Textile Standard, Part I”, version 2.0 of the Global Organic Textile Standards became effective July 2, 2008. Bloggers writing exclusively about Version 1.0 with no follow-up will likely give an incomplete picture about companies using the term “organic” and “made with x% organic materials”. In version 2.0, we see that GOTS has very stringent criteria for the use of organic when referring to a product. In the previous version, GOTS certification appears to me be a viable possibility to Work-at-home-moms (WAHMS) and other small to medium sized sewing businesses without being a certified facility. If they manufacture products that meet the divisions and criteria as set out by GOTS for ‘organic’ or ‘made with organic’ and do so with certified organic fabrics according to GOTS standards, then they may label their products as ‘organic’ and ‘made in organic’ respectively. Version 2.0 is quite different is this regard. In “Hail the new Global Organic Textile Standards, Part I, I purposely left out a paragraph of Version 2.0 of the Global Organic Textile Standards (GOTS) that directly prefaces the subdivision of the two label grades a) “organic” or b) “made with organic”. It states: “Final products, that are produced and manufactured in compliance with these standards by an operation that has been certified by an approved certifying body may be sold, labelled or represented as … ” The new key words are “certified by an approved certifying body”.
In the last post, we spoke briefly about the FTC’s 3rd workshop held on July 15, 2008 which examined green claims about textiles in two of its five sessions. Session 1: Weaving Green Textile Claims – Cotton, Organic Cotton, and Bamboo; and Session 2: Tying-Up Loose Ends – Substantiating Green Textile Claims and the Need for FTC Guidance.
William E. Kovacic, chairman of the Federal Trade Commission, in his welcome address, spoke “of a period of rejunivation, reinvention of the agency that transpired well over a decade ago throughout the ’90s and into this decade.” “Part of what we realized,” Kovacic said, “is that if we are going to remain current, if we’re going to stay as a state-of-the-art concerning these developments, we have to engage in a regular process of public consultation.”
The insights gained and judgements formed through the workshops, which includes preceding and follow-up public comments, constitute a major reason to convene. The judgements in turn inform the policy and the enforcement of policy. As Kovacic says, “my agency is part think tank, it’s part law enforcement body. We like to think of it in many ways as the thinking person’s approach to consumer protection and competition policy. Why? In part, we are a law enforcement agency and we’re quite willing to use our enforcement powers to ensure the claims relating to green products, green
services are indeed truthful.”
LaRhea Pepper, an organic farmer in Texas and executive director of the Organic Exchange, discussed both the USDA’s National Organic Program (NOP) and the FTC’s regulations regarding labelling textiles, pointing out: “All claims must be true. The wording of the labels can’t be misleading to consumers. The percentages the fiber content must be given. And the organic fiber must be certified by an accepted standard by the national organic program. And so regardless of where this cotton is grown around the world it has to be accredited by certification groups that [are] credited by the national organic program [if] it’s going to be sold here in the United States.” She goes on to speak of the differentiation between making a claim about the product and the fiber in the product.
Grace Gershuny, a consultant to the OTA regarding textile standards in general and most specifically their representive on the technical committee of the Global Organic Textile Standards (GOTS) for the past three to four years , elaborates on the above point explaining that ”the national organic program does not address process textile products. [It] only addresses raw fibers.” Likewise, in regards to labelling, the FTC allows “the word ‘organic’ to modify the fiber content on a label.”
Now, it is very ironic the Grace Gershuny goes on to say, “one of the things that we have requested is that the national organic program consult with the FTC. So when those folks from the other Ireland in the archipelago come over and talk to you about organic labeling claims, don’t shoot, they are your friends. (Island). Let’s see, there’s a real possibility about consumer confusion on a textile product that’s labeled organic. That we need to have a little bit of agreement, a mutual discussion about how to regulate that.”
At the time of writing this statement, recall that the NOP did not address certification of the textile product, only the raw fibers. Just seven days later, the USDA released a new NOP fact sheet “Labeling of Textiles Under National Organic Program (NOP) Regulations” which explicitly speaks of the certification of textile products:
Only textile products certified to the NOP production
AND processing standards are eligible to be labeled
‘100 percent organic’ and “organic.”
100 percent organic fiber content.
- Only organic processing aids.
- USDA Organic seal may be displayed on final
product, in marketing materials, and in retail
displays—in proximity to certified products only.
- All operations producing, handling, processing
and manufacturing the final product must be
certified.
Organic
- Minimum of 95 percent organic fiber content.
- 5 percent nonorganic substances, as listed in
Section 205.605 of the NOP regulation.
- No non-organic fibers.
- USDA Organic seal may be displayed on final
product, in marketing materials, and in retail
displays—in proximity to certified products only.
- All operations producing, handling, processing,
and manufacturing the final product must be
certified.
Other Uses of the Word “Organic” in Textile Product
Labeling
The NOP does not restrict the use of the term “made
with organic …” in the labeling of textile products to
only those products manufactured in certified organic
facilities or containing a minimum of 70 percent
organic fibers. However, all fibers identified in these
textile products as “organic” must be produced and
certified to NOP standards.
Labels on textile products from non-certified handling/
processing/manufacturing operations:
- May identify specific fibers as being organic if
certified to the NOP crop/livestock standards.
- May state the percentage of organic fibers
contained in the final product.
- May not use the USDA Organic seal.
- May not imply or lead the consumer to believe
that the final product is certified organic.
—-
The new NOP fact sheet has not adopted the Global Organic Textile Standard, but it definitely seems to be moving closer to the Global Organic Textile Standard.
We apologizing for not getting this post up sooner. We were finishing our comments to the FTC’s 3rd workshop.
Better for Babies, Inc., supports the revision of the Guides to provide guidance specific to textiles, which would include but should not be limited to organically labeled textiles. This guidance, we believe, should involve collaboration between the FTC and the USDA National Organic Program (NOP) incorporating the Global Organic Textile Standards (GOTS).
(Bamboo was a hot topic in both sessions one and two. Ín short, our suspicions which we broached in earlier post were confirmed. It is processed like a rayon and should be labeled as a rayon. We speak more about Bamboo in our next post.)
