On May 20, 2011, the United States Department of
Agriculture's National Organic Program ("NOP") issued
a Policy Memorandum (PM-11-14) addressing the labeling of textile
products containing organic ingredients (such as organic cotton,
wool or linen fabrics). The new policy supersedes the July
2008 NOP fact sheet entitled "Labeling of Textiles Under
National Organic Program (NOP) Regulations."
Policy Memo PM-11-14 addresses the labeling of textiles that
contain organic ingredients. Presently, any textile product
produced in full compliance with USDA NOP regulations (listed and
detailed here) may be labeled as NOP-certified organic
and display the USDA organic seal. Where the product is
labeled "organic" by a third-party certification body,
such as the Organic Trade Association, all fibers identified as
"organic" must be produced and certified under the NOP
regulations.
Thus, where a textile product has been labeled as
"organic" by a third-party certification body, such as
the Organic Trade Association, the product manufacturer may:
- Use label "Made With Organic [Specified Ingredient]"
claims to identify specific types of organic fibers featured in the
apparel, and
- Use information to identify the percentage of organic fibers featured in the product.
Where a textile product has not been labeled as "Organic"
and NOP regulations have not been followed, the NOP regulations bar
the following:
- The use of the USDA seal where the apparel products have not
been NOP certified,
- Implying or leading the customer to believe that the final
product is NOP certified where, in fact, it has not been certified
in accordance with NOP regulations, and
- Using a combination of both organic and non-organic sources for a single fiber that has been identified as "organic" in the final product.
These USDA regulations do not supersede any other requirements of
Federal and State laws, including Federal Trade Commission
("FTC") labeling requirements. Where one seeks to
make a fiber content claim in accordance with FTC labeling
requirements terminology such as "contains 80% organic
cotton" should be used in conjunction with NOP
certification. The PM-11-14 is available, in its entirety, here. The Policy Memo PM-11-14
explicitly confirms that textile products produced in accordance
with the Global Organic Textile Standard ("GOTS") may be
sold as "organic" in the NOP certification or carry the
USDA organic seal.
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.