According to The Guardian (1 March 2010) ethical fashion sales totalled £172 million in 2008, a 93% increase on the previous year and an acceleration from 71% growth recorded in 2006.  Some ethical fashion retailers have even predicted a 50% growth in on-line sales this year despite the downturn and the recent failure of Adili. 

Ethical and in particular green claims in labelling are therefore going to be of increased importance as the industry continues to grow.  It is important that fashion retailers and suppliers get this right as green claims that are not so green have recently hit the headlines. The first was in Germany and concerned the alleged mislabelling of organic cotton produced in India but contaminated with genetically modified cotton and possibly used by high street stores in Germany including H&M, C&A and Tchibo.  The other is the US Federal Trade Commission’s report that in the US 78 retailers including Macy’s and Bloomingdales may be breaking the law by selling clothing or other textiles labelled “bamboo” when they contained manufactured rayon fibre.

These cases illustrate the green labelling minefield and how difficult it can be to navigate a course that balances the manufacturer’s desire to generate sales whilst satisfying the consumers desire to protect the environment. In this article we consider the position in the UK regarding green claims in textile labelling.

A green claim made on the packaging or label of a product says something about the environmental aspects of the product or its make up.  Given the damage that can be done to consumer confidence if false claims are made it is surprising that there is no universal legally binding code in the UK that sets out the criteria that applies to green labelling.  Instead there is a mish mash of different regulations and guidance notes on the subject that are daunting and confusing. Although by no means a comprehensive summary of manufacturers’ duties in this area, below are some guiding principles that you should keep in mind;

• All claims made on a label, green or not, are covered generally by the Consumer Protection from Unfair Trading Regulations 2008.   The Regulations prohibit giving false information to, or deceiving customers. Failure to comply with these Regulations could lead to a fine or imprisonment of up to two years.   Therefore when making claims about the origin or fibres which make up your product make sure they are correct.
  
• There are many environmental labelling and certification schemes available which address different “green” issues. Such labelling schemes include the European Ecolabel initiative which allows companies to use a flower logo on their goods if the product has been found to have less of an environmental impact than other similar products. In the UK this scheme is monitored by the Department for Environment, Food and Rural Affairs (DEFRA) with any company wanting to use the flower logo on their goods being required to make an application to DEFRA first.
  
• Specific rules apply to textiles such as those under the Textile Products (Indication of Fibre Content) Regulations 1986. Under these Regulations all textile items must carry a label indicating the fibre content and cannot be described as “pure”, “100%” or “all” unless it is exclusively composed of the same fibre or the presence of other fibres is due to inadvertent impurities satisfying the conditions set out in the Regulations.
  
• Consider the DEFRA “Green Claims Code” and the International Standard on Environmental Claims, ISO 14021. Although not legally binding this code and standard set out detailed guidance on the best practice in this area such as ensuring that your claims are truthful, accurate and able to be substantiated.
  
• As a manufacturer if you are exporting goods to be sold outside of the UK you will also need to adhere to the domestic laws of that country with regards the labelling of your products.  In particular the USA has, some would claim, far more prescriptive laws and regulations on labelling them the UK.

If you need any advice on green claims or textile labelling in general, please contact Simon Bennett on 020 7614 2522 or email sbennett@foxwilliams.com