On May 1, 2014, the Competition Bureau (the "Bureau")
announced based on inspections made at JSYK Canada's
("JSYK") retail outlets across Canada, JSYK will remove
two brands of duvets due to misleading labelling regarding their
The Bureau conducted independent laboratory tests on JYSK's
Classic Down Duvet and Cascade Goose Down Duvet for
"down" filling and "bird of origin" content.
The results of this testing confirmed that the duvets did not meet
the minimum standards required to label the products as
"down" or "goose down" under the Textile
Labelling and Advertising Regulations.
JSYK has discontinued the sale of these two products.
Additionally, JSYK has issued a recall notice in its stores, in its
flyers and on its website. Consumers who purchased these products
after January 1, 2010, are eligible to receive a full refund (the
refund period is valid for six months starting on May 1, 2014).
Interestingly, the Bureau also noted that its inspection revealed
that other textile articles and pre-packaged products (e.g.,
bathroom, bedding, decorative and kitchen products) had labels that
were not compliant with the Textile Labelling Act. JYSK is
in the process of working with suppliers to address the
This case demonstrates the Bureau's willingness to conduct
on-site inspections and conduct testing to verify textile content
claims. While the Bureau's press release does not indicate what
prompted its investigation, these types of concerns are typically
brought to the Bureau's attention by customers or competitors.
This case highlights the need for companies to ensure that the
textile products they sell under their own brand name(s), including
products manufactured on their behalf by third parties, comply with
the labelling requirements of the Textile Labelling
A key takeaway for businesses is the need to implement
appropriate measures to ensure that the textile products they
manufacture or have manufactured on their behalf comply with all
content and labelling requirements, as the costs and reputational
harm of non-compliance can be significant. In this regard,
companies may want to consider how to address this issue in their
contracts with third-party manufacturers, as well as conducting
periodic testing of products manufactured by third parties on their
For a copy of the Bureau press release, please click here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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