Where’s That Tag?

Why Salons Shouldn’t Rip Tags From Bridal Gowns

Date: June 18, 1999

Feedback to: Dorothea Salo
(I’d especially like to hear what happens to people who try some of the actions I’ve recommended.)

Copyright: This article is copyright 1999 by Dorothea Salo. (U.S. federal law and comments on it by federal agencies are freely distributable by U.S. law.) I give permission for free reproduction of this article, providing my name remains on it. It may not be republished in a for-profit venue.

Disclaimers

I am not a lawyer. What I have given in this article does not constitute legal advice. It is simply what I gathered when I read laws and other documents pertaining to this issue. I strongly recommend that you read the documents yourself and draw your own conclusions from them.

Regarding errors: Everything in this article is as accurate as I have been able to make it. I appreciate being informed of errors, inconsistencies, or misunderstandings, and when they are brought to my attention, I will do my best to correct them.

Regarding possible sources of bias: I have never actually bought a wedding gown; my own gown was borrowed from my mother. In the course of high-school choir, I did have some pretty awful experiences buying choir dresses from a bridal shop; I also have a few wedding-dress horror stories from being a bridal attendant. I have received no remuneration, monetary or otherwise, from anyone for writing this article, and I do not expect to receive remuneration in the future.

The Problem:

You walk into a bridal shop, and there it is: The Dress. You try it on, and it looks and fits the way you always knew it would.

Then you look for the tag and it’s not there. The salesperson tells you nonchalantly, “Oh, we always take them out; you can find out the manufacturer when you order.”

You’re suddenly unhappy. Perhaps you’re allergic to rayon, or you really love the look and feel of genuine silk. Perhaps it matters to you where your gown was made, because you try not to buy textiles from countries that employ sweatshop labor, or you are aware that different countries have differing standards in garment quality.

Well, you are entitled to this information. Because the United States government believes consumers have a right to know what their garments are made of, where they were made, and how to care for them, every textile product for sale in the United States of America must contain tags with:

the name of one business involved in the production and distribution of the product,
the fiber content of the product,
whether it’s domestic or imported, and
how to wash and care for it.

Certain exceptions to this law exist, but none of them covers this hypothetical bridal shop.

This particular scam is so pervasive that it has appeared in nationwide media. Well-known consumer advocates Alan and Denise Fields have written about it in both Bridal Bargains and Bridal Gown Guide.

Here’s the information you need to do something about it.

Some Details

The law that is being broken is United States Code Title 15 Sections 70b and 70c (which can be abbreviated 15 USC 70b and 70c). It is known as the “Textile Fiber Products Identification Act.” Enforcement of this law is up to the Federal Trade Commission, which knows about the problem and is actively trying to solve it.

Every manufacturer is required to put two sets of information in every garment produced. One tag must be a “care label” describing how to best launder and care for the item; this tag must be sewn in, and must never be removed from any garment for any reason. The other tag may be sewn-in or a conspicuous hang-tag, and per section 70b must contain:

The name of one link in the production chain. This may be the manufacturer, the retail store, or any other company involved in the distribution of the gown. Any of these may be identified by name or by the Registered Identification Number which the company must file with the FTC.
The product’s fiber content.
The country or countries of manufacture.

There are certain exceptions in the law for garments for which sewing in a tag is fairly awkward (socks, for example) but bridal gowns and other dresses most definitely must have tags.

Per section 70c, these tags cannot be removed by someone selling the garment retail with one important exception (section 70c, (b)). If the company selling the gown removes a tag with some or all of the legally required information on it, the company must put in a new tag containing exactly the same information required by law, but including also the name (or Registered Identification Number) of the company making the tag substitution. The stores are also required to keep records relating to any tags they remove. The care tag, as I said, may not be removed under any circumstances.

The dodge “Well, we’re not selling this exact gown; the gown you receive will have a tag!” is also unacceptable, according to the FTC’s own interpretation of these laws. Part 303 of the FTC’s trade regulation rules, “Rules and Regulations under the Textile Fiber Products Identification Act,” states that samples used to sell textiles must be correctly labeled. So does the FTC’s publication specifically dealing with wedding gowns.

Ironically, bridal shops can get away with not having a tag with the legally required information on the dress you receive, assuming that your dress is a custom order. This is only possible, however, when the sample in the shop is correctly labeled! (An invoice with the information required by law must be included with your custom-made dress.)

However, the practice (reported by many brides-to-be) of salons substituting a tag which contains nothing but a number referring to the salon’s own arcane filing system is quite illegal. Be careful not to confuse this with the permitted practice of using Registered Identification Numbers of companies rather than their names. If this is what the salon decides to do, the salon is within the law as long as they have also included fiber content information on the tag. (If you really wanted to make an issue of this, you could ask the salon about the records it must keep about the tags it took out. I think this is too nitpicky to bother with, however. If the practice bothers you that much, it’s probably best to shop elsewhere.)

Section 70i of Title 15 provides for penalties of up to a year in prison or a $5,000 fine for breaking the textile identification laws. The FTC has stated that it can seek penalties of up to $11,000 per violation against manufacturers or distributors who rip out care labels, but NOT against salons that do so. The FTC can order a salon to stop breaking the law; violation of such an FTC “administrative order” can lead to very harsh penalties.

Am I Entitled To The Manufacturer’s Name?

Not by law, no. The salon can legally take out a tag with the manufacturer’s name, and substitute one with its own name, or the name of its distributor. They can also use Registered Identification Numbers instead of names. No law requires them to disclose the manufacturer of a dress to you.

Bridal salons complain that brides-to-be check out their samples, have salon employees help them find their size, get extensive advice from these employees, and then go order their gowns from a low-cost mail-order service. I myself hope brides-to-be realize that this is rude and takes unfair advantage of the salons. Gown samples are not free to the salons, and employees have to be paid. As salons currently function, these services are included in the price of the gowns the salons sell. Tag-ripping developed as a way to protect the salon’s business, even though it is a solution which is illegal and unfair to consumers.

(In my ideal world, salons would establish hourly pricing for advice and sample try-on sessions, and sell the gowns at prices which did not include service markups. This seems a more straightforward, honest system than the current one, and it would not encourage salons to hide information from consumers. But I don’t understand sales and marketing, so perhaps there is a reason this wouldn’t work.)

Here is what I suggest when you find a salon which is acting according to law, but still not providing a manufacturer’s name:

Ask yourself why you need the name. If it’s just for ego points, it’s probably not worth worrying about. Nobody will know the name but you (and perhaps your attendants) anyway.
If your concern is for the construction of the dress (since, after all, different designers have different quality standards), bring along a friend who sews when you go look at dresses. You might even consider hiring an alterations expert to come with you and examine the dresses, once you’ve narrowed your choices a bit. You can then have the same person do your alterations, since s/he will presumably have helped you choose a dress that s/he can do good work on.
If you want to see a selection from a particular designer, ASK. It helps to have pictures or reviews of designers handy. Make it clear that you are not willing to be shown other dresses at this time. If you are a budget-conscious buyer, especially drop the hint that you don’t want to be “upsold” (that is, shown similar dresses from a more-expensive line); you might even ask what the salon’s price range is for the designer you’re interested in.
Always be prepared to walk out if you think the salon is not being fair to you. Your buying power is your most important influence on the salons.

What To Do

Knowledge is power. Inform any bridal salon whose gowns do not contain a tag that complies with USC Title 15 sections 70b and 70c that they are breaking the law, and that you do not do business with lawbreakers. It might help to have a copy of the law or a copy of the FTC’s guidelines handy to show them; they may not believe you. Then walk out, and write them a letter telling them the same thing. Including the text of the law or the FTC’s guidelines as an attachment to your letter isn’t a bad idea. Also, if you plan to report these folks to the FTC, tell them so.

Write down the date and time of your visit to the salon, the name of the salesperson (if possible), and as much as you can remember of what you were told. Keep this information; the more you can tell the FTC about what happened, the more likely they are to take you seriously.

The FTC has taken notice of this problem, and is actively trying to educate bridal salons about their responsibilities under the law, and enforce the law against recalcitrant salons. For now, I am told, the FTC wishes to concentrate on salons that are ripping out all tags (including the care tag) and not making any substitution at all. The FTC cannot do anything, of course, unless they know who is breaking the law. That’s where you come in.

You can file a complaint with the FTC by contacting the Consumer Response Center. Their phone number is 202-FTC-HELP (382-4357), and their TDD number is 202-326-2502. The snailmail address is: Consumer Response Center, Federal Trade Commission, Washington, DC 20580. The FTC also has an online complaint form. In my experience dealing with other entities within the federal government, I have found that a written (snailmail) letter counts for far more with them than an email, online complaint, or telephone call. When in doubt, follow up with a written letter!

(The Consumer Response Center is also the place to write to for hardcopy versions of FTC documents. I will note that when I requested the new publication on wedding gowns from them, though, I did not get it. What I got was a list of publications I could order but didn’t want. If you can, read the online version of the publication!)

There are other possibilities as well. The Better Business Bureau may be interested in what you have to say; their address and phone number should be in your local phone book. You can also file a complaint with them at www.bbb.org; your complaint will be forwarded to the appropriate chapter of the organization. It also can’t hurt to notify state and local consumer protection agencies, even though it’s likely they won’t help you.

Another source of aid may be local scambusters associated with newspapers or radio/TV stations. As long as you’re sending letters out, drop one by these folks, if they exist in your area.

What To Say

Here is what I recommend you say when you write to agencies about offending bridal salons. These are only recommendations; you may of course ignore them, or modify them as you wish.

This is a business letter. Don’t forget to include your return address (top right), the address of the agency you’re writing to (below your address, at left), and the date (below their address, at left). Use a colon after the salutation.

The opening paragraph should be an attention grabber. Explain that you have witnessed X shop (give the shop’s name, address, and telephone number, along with a contact at the shop if you know of one) breaking federal law (include the law: the Textile Fiber Products Identification Act, United States Code Title 15, sections 70b and/or 70c) and you are concerned about it and would like to see action taken.

In the next paragraphs, explain concisely and in detail what happened to you at the shop, and precisely how this breaks the law. Use direct quotes (in quotation marks) from the people at the shop if and only if you wrote them down word for word at the time; otherwise, make it clear that you are paraphrasing what went on, but do be as specific as possible about what was said and done.

Explain what you want done in the next paragraph or two. If you want the shop to disclose information about its gowns to you, say so. If you want the agency you’re writing to to punish the shop somehow, say how. (Be realistic. Not all agencies will have the power to do anything about the shop.) If you’re writing to the FTC, explain that you want to see the law you mentioned enforced, both in the case of this salon and across the country.

Include a final paragraph reiterating what you said at the beginning of your letter, and thank the agency for its time and attention.

Okay, So What’s The Law Really Say?

Here it is, along with some FTC commentary on it. For the sake of brevity, I have snipped some sections of 70b that are wholly irrelevant to bridal gowns. If you want to see the whole thing, do a search for “textile” at http://law.house.gov:80/uscsrch.htm (which is how I got the text below) and choose the appropriate sections from the list you’ll receive. Section 70 itself is of particular interest, as it contains definitions of the terms used in the rest of the sections.

The commentary is from http://www.webcom.com/~lewrose/trr/textile.html. According to that site, it is one of “many trade regulation rules issued and enforced by the U.S. Federal Trade Commission.”

15 USC Sec. 70b.

Misbranded and falsely advertised textile fiber products

(a) False or deceptive identification

Except as otherwise provided in this subchapter, a textile fiber product shall be misbranded if it is falsely or deceptively stamped, tagged, labeled, invoiced, advertised, or otherwise identified as to the name or amount of constituent fibers contained therein.

(b) Stamp, tag, label or other means of identification; contents Except as otherwise provided in this subchapter, a textile fiber product shall be misbranded if a stamp, tag, label, or other means of identification, or substitute therefor authorized by section 70 of this title, is not on or affixed to the product showing in words and figures plainly legible, the following:

(1) The constituent fiber or combination of fibers in the textile fiber product, designating with equal prominence each natural or manufactured fiber in the textile fiber product by its generic name in the order of predominance by the weight thereof if the weight of such fiber is 5 per centum or more of the total fiber weight of the product, but nothing in this section shall be construed as prohibiting the use of a nondeceptive trademark in conjunction with a designated generic name: Provided, That exclusive of permissible ornamentation, any fiber or group of fibers present in an amount of 5 per centum or less by weight of the total fiber content shall not be designated by the generic name or the trademark of such fiber or fibers, but shall be designated only as “other fiber” or “other fibers” as the case may be, but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount contained in such product.

(2) The percentage of each fiber present, by weight, in the total fiber content of the textile fiber product, exclusive of ornamentation not exceeding 5 per centum by weight of the total fiber content: Provided, That, exclusive of permissible ornamentation, any fiber or group of fibers present in an amount of 5 per centum or less by weight of the total fiber content shall not be designated by the generic name or trademark of such fiber or fibers, but shall be designated only as “other fiber” or “other fibers” as the case may be but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount stated: Provided further, That in the case of a textile fiber product which contains more than one kind of fiber, deviation in the fiber content of any fiber in such product, from the amount stated on the stamp, tag, label, or other identification shall not be a misbranding under this section unless such deviation is in excess of reasonable tolerances which shall be established by the Commission: And provided further, That any such deviation which exceeds said tolerances shall not be a misbranding if the person charged proves that the deviation resulted from unavoidable variations in manufacture and despite due care to make accurate the statements on the tag, stamp, label, or other identification.

(3) The name, or other identification issued and registered by the Commission, of the manufacturer of the product or one or more persons subject to section 70a of this title with respect to such product.

(4) If it is an imported textile fiber product the name of the country where processed or manufactured.

(5) If it is a textile fiber product processed or manufactured in the United States, it be so identified.

For the purposes of this subchapter, a textile fiber product shall be considered to be falsely or deceptively advertised if any disclosure or implication of fiber content is made in any written advertisement which is used to aid, promote, or assist directly or indirectly in the sale or offering for sale of such textile fiber product, unless the same information as that required to be shown on the stamp, tag, label, or other identification under subsection (b)(1) and (2) of this section is contained in the heading, body, or other part of such written advertisement, except that the percentages of the fiber present in the textile fiber product need not be stated.

(d) Additional information allowed

In addition to the information required in this section, the stamp, tag, label, or other means of identification, or advertisement may contain other information not violating the provisions of this subchapter.

(i) Mail order catalog or promotional material

For the purposes of this subchapter, a textile fiber product shall be considered to be falsely or deceptively advertised in any mail order catalog or mail order promotional material which is used in the direct sale or direct offering for sale of such textile fiber product, unless such textile fiber product description states in a clear and conspicuous manner that such textile fiber product is processed or manufactured in the United States of America, or imported, or both.

(j) Location of stamp, tag, label, or other identification For purposes of this subchapter, any textile fiber product shall be misbranded if a stamp, tag, label, or other identification conforming to the requirements of this section is not on or affixed to the inside center of the neck midway between the shoulder seams or, if such product does not contain a neck, in the most conspicuous place on the inner side of such product, unless it is on or affixed on the outer side of such product, or in the case of hosiery items on the outer side of such product or package.

15 USC Sec. 70c

Sec. 70c. Removal of stamp, tag, label, or other identification

(a) Removal or mutilation after shipment in commerce

After shipment of a textile fiber product in commerce it shall be unlawful, except as provided in this subchapter, to remove or mutilate, or cause or participate in the removal or mutilation of, prior to the time any textile fiber product is sold and delivered to the ultimate consumer, any stamp, tag, label, or other identification required by this subchapter to be affixed to such textile fiber product, and any person violating this section shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(b) Substitution of stamp, tag, etc.

Any person

(1) introducing, selling, advertising, or offering for sale, in commerce, or importing into the United States, a textile fiber product subject to the provisions of this subchapter, or (2) selling, advertising, or offering for sale a textile fiber product whether in its original state or contained in other textile fiber products, which has been shipped, advertised, or offered forsale, in commerce, may substitute for the stamp, tag, label, or other means of identification required to be affixed to such textile product pursuant to section 70b(b) of this title, a stamp, tag, label, or other means of identification conforming to the requirements of section 70b(b) of this title, and such substituted stamp, tag, label, or other means of identification shall show the name or other identification issued and registered by the Commission of the person making the substitution.

If any person other than the ultimate consumer breaks a package which bears a stamp, tag, label, or other means of identification conforming to the requirements of section 70b of this title, and if such package contains one or more units of a textile fiber product to which a stamp, tag, label, or other identification conforming to the requirements of section 70b of this title is not affixed, such person shall affix a stamp, tag, label, or other identification bearing the information on the stamp, tag, label, or other means of identification attached to such broken package to each unit of textile fiber product taken from such broken package.

15 USC Sec. 70i

Sec. 70i. Criminal penalty

(a) Any person who willfully does an act which by section 70a, 70c, 70d, 70g, or 70h(b) of this title is declared to be unlawful shall be guilty of a misdemeanor and upon conviction shall be fined not more than $5,000 or be imprisoned not more than one year, or both, in the discretion of the court: Provided, That nothing in this section shall limit any other provision of this subchapter. (b) Whenever the Commission has reason to believe that any person is guilty of a misdemeanor under this section, it may certify all pertinent facts to the Attorney General. If, on the basis of the facts certified, the Attorney General concurs in such belief, it shall be his duty to cause appropriate proceedings to be brought for the enforcement of the provisions of this section against such person.

PART 303 RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACT

303.21 Marking of samples, swatches, or specimens and products sold therefrom.

(a) Where samples, swatches, or specimens of textile fiber products subject to the Act are used to promote or effect sales of such textile fiber products, the samples, swatches, or specimens, as well as the products themselves, shall be labeled to show their respective fiber contents and other required information: Provided, That such samples, swatches or specimens need not be labeled:

(1) If the samples, swatches, or specimens are less than two square inches in area and the information otherwise required to appear on the label is clearly, conspicuously, and nondeceptively disclosed on accompanying promotional matter in accordance with the Act and regulations;

(2) If the samples, swatches, or specimens are keyed to a catalogue to which reference is necessary in order to complete the sale of the textile fiber products, and which catalogue at the necessary point of reference clearly, conspicuously, and nondeceptively discloses the information otherwise required to appear on the label in accordance with the Act and regulations; or

(3) If such samples, swatches, or specimens are not used to effect sales to ultimate consumers and are not in the form intended for sale or delivery to, or for use by, the ultimate consumer, and are accompanied by an invoice or other paper showing the required information.

(b) Where properly labeled samples, swatches, or specimens are used to effect the sale of articles of wearing apparel or other household textile articles which are manufactured specifically for a particular customer after the sale is consummated, the articles of wearing apparel or other household textile articles need not be labeled if they are of the same fiber content as the samples, swatches, or specimens from which the sale was effected and an invoice or other paper accompanies them showing the information otherwise required to appear on the label.

Acknowledgements

I am very grateful to Josie Morgan and Mary Jane N. Shroyer for support and helpful comments. I also thank Alan and Denise Fields for permission to mention their books and for help in the latest revision, and Deb McCoy for clearing up some details pertaining to bridal shop operation. Ms. Phyllis Marcus of the FTC and Ms. Susan White of Bridal Information both let me know about the FTC’s publication on the subject, and I thank them for their concern and patience with me as I revised this article.

Bibliography

http://www.ftc.gov

Wedding Gown Labels: Unveiling the Requirements Here is the FTC’s guide to retailers on the topic of wedding gown labels.

http://www.pueblo.gsa.gov/1997res.htm

http://www.bbb.org

http://law.house.gov:80/uscsrch.htm

http://www.webcom.com/~lewrose

The Bridal Gown Guide page. This is Alan and Denise Fields’s update page, which contains the latest information useful to readers of their book Bridal Gown Guide. The Fields have been very active in persuading the FTC to crack down on tag-rippers, and they detail their experiences on this site.