Use of symbols and names having fur-bearing animal connotations in labeling textie fiber products The…

No. 138. Use of symbols and names having fur-bearing animal connotations in labeling textie fiber products The Commission was requested to render an opinion with respect to the labeling of textie fiber products manufactured so as to simulate a fur or fur product.

The requesting party proposed using a label which would bear the depiction of a fur-bearing animal commercially used in fur products, a trade name and trademark having a fur-bearing animal connotation, and the required fiber content disclosures. The Commission pointed out that the Rules and Regulations promulgated under authority of the Textile Fiber Products Identification Act provide, in Rule 9, that the label of a textie fiber product shall not contain a name, word , depiction, descriptive matter, or other symbol which connotes or signifies a fur-bearing animal, unless such product is a fur product within the meaning of the Fur Products Labeling Act. Subject to this proviso, a textile fiber product may not be described on the label with the name or part of a name of a fur-bearing animal, whether as a single or ,

combination word similar to a fur-bearing animal name, for example Broadtail."

The Rules permit the non deceptive use on textile fiber products of fur-bearing animal names but only where the animal fur is not commonly or commercially used in fur products , as for example Bear. " Further, the Rules do not prevent nor prohibit the nondeceptive use of a trademark or trade name containing the name symbol , or depiction of a fur-bearing animal unless "the textile fiber product in connection with which such trademark or trade name is used simulates a fur or fur product. The Commission advised that it would not be proper , in the labeling of textile fiber products, to use a label bearing the depiction of a fur-bearing animal nor a trademark and trade name having fur-bearing animal connotations. Such labeling, with or without the required fiber content disclosures , of a textile fiber product manufactured so as to simulate the fur of an animal commonly or commercially used in fur products would have the tendency and capacity of inducing prospective customers into the mistaken belief that the textile fiber product to which such label is affxed contains the fur of the animal depicted of fur fibers from such animal. (File No. 683 7007, released Aug. 24, 1967. 1\0. 139. Advertising claims for spray deodorant The Commission rendered an advisory opinion in regard some proposed advertising claims for a personal deodorant spray. Specifically, the Commission considered the propriety of the following two claims: (1) that the product meets the l;.S. Government requirements for safety and effectiveness and (2) that no other medicated personal deodorant spray equals its safety and effectiveness.

In regard to the first claim, the Commission said there were no specific standards or requirements offcially recognized by the U. Government relating to the safety and effectiveness of personal deodorant sprays. Lnder these circumstances , therefore, the Commission said it would be improper to claim that such requirements exist and that the product meets those requirements. With respect to the second claim , the Commission said that opinion evidence indicated there are other medicated deodorant sprays on the market which are equally as safe and effective as the product in question. In view of this opinion evidence, and in the absence of reports of properly controlled studies establishing the validity of the claim , the Commission said that it could not ADVISORY OPIXION DIGESTS 1045 give its approval to the second claim. (File No. 683 7004, released Aug. 30 , 1967.