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Beware of Organic Claims in Products

By Home Furnishings Business in Bedding on May 24, 2011 Last week, the U.S. Department of Agriculture's National Organic Program
On Thursday, May 20, the United States Department of Agriculture€™s (USDA) National Organic Program (NOP) updated its requirements to provide clear guidance on using the word "organic" to market products.
 
The new memo, as well as a recently concluded USDA investigation of a bedding retailer, prompted the Specialty Sleep Association€™s (SSA) president Dale Read to urge bedding manufacturers and retailers that are making organic product claims to focus on compliance in order to avoid U.S. government issued penalties, including steep fines.

€œThe NOP€™s new policy memo is one of several dictates recently issued from U.S. government agencies, including the Federal Trade Commission (FTC), that affect how bedding products may be marketed to consumers now and going forward,€ Read said. €œThe SSA Environmental and Safety seal and tag program should be viewed as a tool-kit for mattress manufacturers eager to streamline the process of substantiating product claims, because much of the work has already been done for them.€

In a recent complaint case that investigated consumer-facing advertising claims of €˜USDA organic mattresses€™ for sale, one bedding retailer was warned that future violations of NOP regulations could result in civil penalties of up to $11,000 per violation.

The product in question contained organic cotton fiber, but because the USDA NOP standards are used to certify only crops and livestock, claiming a USDA organic certification for a finished product, like a mattress, is a violation.

€œGuidance on marketing organic ingredients versus finished products has not always been clear,€ said Vicki Worden, president of Worden Associates, Inc., an environmental consulting firm to companies and not-for-profit organizations, including the SSA.  €œThe new policy memo tells marketers how they can and cannot use the word organic.  For finished products, like mattresses, it clearly indicates that a USDA claim is not allowed.€
 
The SSA offers a three-level Environmental and Safety seal and tag program that was created last year and has helped manufacturers by creating a roadmap for communicating environmental attributes and properly documenting their proof.

€œThe SSA created its Environmental and Safety seal and tag program to create transparency for consumers and to help keep government away from manufacturers€™ and retailers€™ doors," Read said. "This recent complaint and subsequent communication from the USDA only underscores the need for manufacturers and retailers to not wait a second longer to evaluate their practices."
 
A next step in SSA€™s efforts includes developing RSA and consumer education, to help consumers identify and compare products with environmental, health and safety benefits at the point of sale.

The association has also started an environmental blog where manufacturers, retailers, and consumers can find a series of blogs entitled, including an overview of the newly proposed revisions to the FTC€™s Green Guides, which dictate how environmental terms may be used in marketing.

€œWe believe consumers want bedding products with environmental and safety benefits, and research shows that many are willing to pay more for them,€ Read said. €œThe SSA is well positioned to help companies substantiate and communicate product claims in a way that will be beneficial to both consumers and to the industry at large.€


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