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May 24, 2011 - On Thursday, May 20, the United States
Department of Agriculture’s (USDA) National Organic
Program (NOP) issued a memo providing clear guidance on
using the term ‘organic’ to market products in the
United States, an update to NOP’s previous requirements.
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 issue the following statement urging bedding
manufacturers and retailers that are making ‘organic’
product claims to focus on compliance now, in order to
avoid U.S. government issued penalties, including steep
fines.
“The 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. “The 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 (NOPC-107-10, resolved 4-4-11), 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.
“Guidance on marketing organic ingredients versus
finished products has not always been clear,” according
to Vicki Worden, president, Worden Associates, Inc., an
environmental consulting firm to companies and
not-for-profit organizations, including the SSA. “The
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.”
Read further noted, “The 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. 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.”
The SSA’s three-level Environmental and Safety seal
and tag program was created last year and has helped
manufacturers by creating a roadmap for communicating
environmental attributes and properly documenting their
proof.
Environmental and safety requirements associated with
the three levels of the SSA’s program rely on
established third-party programs such as Oeko-Tex®
Standard 100, Global Organic Textile Standard (GOTS),
and CertiPUR-US®. Certifications achieved through these
programs are recognized by SSA as proof of compliance
with specific criteria in the SSA program along with
other proof of verification from reputable testing
facilities. A requirement to provide a Consumer
Disclosure Label that indicates percentages of materials
that must correspond to marketing claims creates the
essential transparency recommended by many standards.
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.
To that end, the SSA has also started an
Environmental Blog where manufacturers, retailers,
and consumers can find a series of blogs entitled, “Is
there really an organic mattress” and other posts,
including an overview of the newly proposed revisions to
the FTC’s Green Guides, which dictate how environmental
terms may be used in marketing. SSA intends to continue
reporting in its blog on reactions to the USDA memo, as
well as track other developments that impact the design
and marketing of bedding, such as developments related
to fire retardants.
“We believe consumers want bedding products with
environmental and safety benefits, and research shows
that many are willing to pay more for them,” said Read.
“The 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.”
About SSA: Founded in 1995, the Specialty
Sleep Association (SSA) is a national, not-for-profit
organization created to facilitate the growth and
positive awareness of the specialty sleep category. Its
members develop or sell specialty sleep products
including natural/biobased and organic bedding, latex,
memory foam, air, gel, water, adjustable, new spring
technologies and related products. SSA membership
includes more than 100 manufacturers and retailers
ranging from small, family-owned businesses to large
corporations. SSA has showroom in Las Vegas and High
Point.
For details regarding SSA Environmental and Safety
certification levels I, II, and III, or other
information regarding the SSA, please visit
www.sleepinformation.org, or contact Executive
Director Tambra Jones at
tambra@sleepinformation.org, 559-868-4187,
559-676-8639 |
