Labeling for vintage fabric/textiles

[Former_Member]

I sew bags from vintage sheets. I was asked by a brick and mortar shop to make children's skirts with these same materials. Occasionaly I don't know the type or country of origin (98% in USA) but not always sometimes things have lost their tags. So my question is, all I have to do is label, correct? And only use fabric that I know the type/origin and label accordingly?

[FayeMaloneDesigns]

You willl need to have both CPSIA tracking labels and FTC care labels for the skirts. You can use the term recycled or second hand materials of unknown origin for your country of origin tags. The FTC labeling threading your way thru the labeling laws (link above) explains this. Use this link for deciding what you need to say on the cleaning instructions labeling.

http://business.ftc.gov/documents/bus50-clothes-captioning-complying-care-labeling-rule

[FayeMaloneDesigns]

Here's the part that applies to using upcycled type fabrics.

If the garment has FTC care tags you already should have the fiber information, And here's what the FTC says about those labels:


Replacing another company’s label with your own40

An importer, distributor, or retailer may want to replace the original label on a textile product with a label showing its company or RN. This is perfectly legal as long as the new label lists the name or RN of the person or company making the change.

NOTE: If you remove a label containing required information, the label you substitute also must contain that required information. Otherwise, you’ve violated the Textile Act.

SPECIAL CAUTION TO RETAILERS:

Some retailers, such as bridal salons, remove labels with required information from the garments they offer for sale without replacing them. This is illegal under the Textile Act. If a retailer removes any label containing required information, it must substitute another label with its own name or RN and any other required information that appeared on the original label. In addition, anyone substituting a label must keep records, for three years, showing the information on the removed label and the company from which the product was received.

In the case if you don't have labeling, or partial content is known then you use one of the below methods of labeling.
Products containing unknown fibers30

If a textile product is made — in whole or in part — from scraps, clippings, rags, secondhand fibers or fabrics, or other textile waste materials of unknown and, for practical purposes, undeterminable fiber content, the disclosure may indicate that this is the case. For example:

Made of clippings of unknown fiber content

100% unknown fibers — rags

All undetermined fibers — textile by-products

100% miscellaneous pieces of undetermined fiber content

Secondhand materials — fiber content unknown

45% Rayon
30% Acetate
25% Unknown fiber content

75% Recycled Wool
25% Unknown Reclaimed Fibers

60% Cotton
40% Unknown fibers — scraps


If on the other hand, the fiber content is known or can be readily determined, the full content disclosure must be given.

But in the case of buying recycled clothing the above may apply more often.

[Former_Member]

Wow, that's a lot...

Do most etsy-ers just disregard this compliance?

This all stemmed from someone commissioning me to make skirts, now I'm not sure this is worth all that.

[FayeMaloneDesigns]

Well, its a law that has been in place since 2008, The fines start at $100.000. just for the CPSIA part, not even for the FTC fines. I guess it's like copyright and trademark violations. you can just hope you won't get caught, or you can follow the law, and follow Etsy's policies to abide by all laws that govern your products. And the law also applies to the store that wants to sell your skirts, the fines/law also apply to them. So for you to just ignore and deliver skirts without labeling/compliance you both will be in violation.

Your aprons for children need to be labeled. as do any skirts.

[Former_Member]

Thank you, I have deactivated them until I can label them.

[Former_Member]

I'm confused about this statement:

"Replacing another company’s label with your own40

An importer, distributor, or retailer may want to replace the original label on textile product with a label showing its company or RN. This is perfectly legal as long as the new label lists the name or RN of the person or company making the change.

NOTE: If you remove a label containing required information, the label you substitute also must contain that required information. Otherwise, you’ve violated the Textile Act."

I have to have my company name and the required info from original tag? Such as fiber content and care instructions? What if some fabric has lost its tag, should I just use unknown origin for all of my tags?

[FayeMaloneDesigns]

Okay, if you have a content label, let's say it says 100% cotton, and you don't add anything other than 100% cotton, then your tag would say 100% cotton, with any other information. Like the CPSIA tracking information.

Let's say the content label is missing, if you are using use clothing/sheets then you would use: Secondhand materials — fiber content unknown'

If they can be machine washed, and dried, then you would state that. If they can't use hand wash, hang to dry.

If you have the information, be it a former tag that you remove, then you have to replace that information, and it's okay to use your own tag as long as you tell the information needed. If you are using a blank, (a tee shirt that you are adding an applique) if the addition is the same fiber content, you can add your CPSIA tag over the top, as long as the other information on the orginal tags are visible and accessible.

[Former_Member]

I have tags from the sheets, but i remove them and use them for decoration. So I don't know which is which. However almost all are 50/50 cotton poly made in USA. I'm just unsure if removing these and using mine is violating the textile act.

I'm assuming using that info plus care instructions and what is required by the CPSIA I'm fine.

[FayeMaloneDesigns]

Yes. the Note instructions apply.+the CPSIA tracking info.

[Former_Member]

Thank you, Beverly.

[CrookedSeamz]

I make quilts from upcycled denim. And some stuffed animals as well. (Baby blankets and queen size). I cut all the jeans up and use squares from lots of different pairs. Some of them may have info in them, and some not, but by the time I cut them all up it's hard to tell. Do I need to keep track of each pair and where it goes, and what is in it, and then have tagging for every single bit, or would that fall in the "rags/unknown" category?

Thank you!

[FayeMaloneDesigns]

What do the tags from the jeans say? 100 cotton? 95% cotton, 5% spandex? You need to pay some sort of attention to this. If all of them are cotton, or blends of minor amounts of other fibers, remember you are cutting them up. When you stitch them back together to make a new product, you should apply the rules for fiber content and percentage. If the percentage of "other" fibers would be an infinitesimal amount, you don't have to list it by fiber content, if it will not change the care instructions. Don't completely overthink it.

Stuffed toys are another whole animal. You have additional laws and regulations. abuse and use testing, seam strength, small parts testing, to name a few. Cpsia labeling applies to all children's products besides any FTC labeling that may apply. In addition stuffed items, be they for children or adults need Law Labels, these are state labeling requirements. This applies to toys, pillows, quilts, anything with inside filling.

[CrookedSeamz]

Thank you, that was very helpful, particularly for the quilt patches.

I've been looking at some of the things for the stuffed animals, including the small batch registration etc, and I think I'm starting to get a handle on it.

[FayeMaloneDesigns]

Small batch registration, for children's products would also cover your baby blankets and anything else you make for children.

[CrookedSeamz]

I checked on my jeans, and I think I'll be fine to say 99.5% cotton, and minimal amounts other fibers.

If I may just clarify...it seems that all toys for children under 3 need to be tested, but not baby blankets? I sell soft toys, and I could have a sewn fabric eye, but it would need to be tested if I have it for under 3's? But baby blankets, even though they are for under 3 would not need to be tested? I'm struggling to find them specifically in any of the info. I see bumpers, mattresses, cribs, bibs, but not actually blankets.

[FayeMaloneDesigns]

Toys for under 36 months need testing. Toys have far more test protocols than bedding and apparel. There a many,many variations in toys, wood, fabric, plastics, beads, and so on. Blankets are a piece of fabric, and maybe another textile around the edge or on the back. What's to test? Textiles by and large can not contain lead and other harmful chemicals unless they have after market finishes.

Here's some more information you can read about toys. The first is the toy testing manual. The second is the age determination guidelines. The beginning of the guidelines explains how they came up with the guidelines and didn't just pull them out of the air. Then it goes on to have pages for different types of items, and charts to guide the makers
They are long, but you only have to read those parts that apply to you. I strongly suggest you keep copies of the for reference for the future.

http://www.cpsc.gov//PageFiles/109675/testtoys.pdf

https://www.cpsc.gov/s3fs-public/pdfs/blk_media_adg.pdf

Bedding, which blankets fall under, need FTC labels as well as the CPSIA tracking labels. Since your quilts have a padding between the layers, you will need to have Law Labels , which are state regulations for all things with hidden stuffing., including your stuffed toys

http://www.americanlawlabel.com/law-label-learning-center/

[CrookedSeamz]

Thank you! I appreciate the clarification very much. Everything is slowly solidifying.

[IzzysHandmadeDesigns]

Hey Shiloh, nice to see you in here and welcome to the team.
Lots of information here, we have a great Captain!

[CrookedSeamz]

Isabel, thank you so much for pointing me here. Tons of super helpful resources and info.