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HFPA Legal Counsel Report – FTC, CPSC , NY State bill updates

FTC Green Guides

The FTC describes their Green Guides https://www.ftc.gov/news-events/topics/truth-advertising/green-guides as providing guidance on: 1) general principles that apply to all environmental marketing claims; 2) how consumers are likely to interpret particular claims and how marketers can substantiate these claims; and 3) how marketers can qualify their claims to avoid deceiving consumers. The attached Notice from December 20, 2022 opened the comment period for an update to the Guides.  The comment period ended April 24, 2023 and FTC is reviewing all the comments.

CPSC  Accepting Comments on Flammability of Mattresses and Mattress Pads

The attached CPSC notice, issued today, announces a meeting to accept comments on possible changes to the flammability regulations covering mattresses and mattress pads.  The meeting will be held on June 14, 2023 and written comments are being accepted until July 5, 2023. Please note that “bed clothing” (sheets, comforters, duvets, etc.) are not covered by the existing CPSC flammability regulations and the CPSC is not planning to change that policy.

New York Fashion Sustainability and Social Accountability Act

The New York State Senate is considering a bill, S7428A, that if passed would “require fashion sellers to be accountable to standardized environmental and social due diligence policies, and establishes a fashion remediation fund.”  The details of the bill show that apparel, footwear and fashion bag companies would be required to map their supply chains, disclose the environmental and social impacts of those operations, and create binding targets to improve them.  Home fashion companies are not mentioned in the bill (see attached), which is currently before the NY State Senate Committee on Consumer Protection.


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