Marking of Shoe Soles Composed of Ground Leather

No. 402. Marking of Shoe Soles Composed of Ground Leather. The Comniission issued an advisory opinion in regard to the proper marking of a material to be used in the manufacture of shoe soles. The material in question is not leather but a man-made fibrous leather materi: bonded with an adhesive. It will be manufactured and sold in its natw:al form to manufacturers for use as shoe soles and/or heels. Shoe maimfacturers will in all probability dye or stain the material so as to ,zive it the appearance of leather or any other material as desired. Luder no circumstances will the manufacturer of the material have auy control over its appearance once it has been sold to shoe manufacture 's.

Specifically, the {ollowing questions were raised in regard to the proper marking of the material:

(1) When the material is used for shoe soles and/or heels but does not have the appearance of natural leather, need there be any marking or labeling whatsoever ? (2) In those instances where the material is used for shoe soles and/ or heels and does have the appearance of natural leather, is 1t necessary to mark or label the material with a designation indicating that itis not natural leather ? (3) In all cases where the answer to question 2 is in the affirmative and assuming that the material is easily visible, is it suflicient to mark the shoe part made from this material with its trade name? (4) If the answer to question 3 is in the negative, what would constitute adequate and sufficient disclosure of the nature of the material ? In regard to the first question, where a manufacturer produces a leather-type product for use in shoes and knows or has reason to believe that after processing it will look like leather, the manufacturer must label the product as indicated in question 2. ADVISORY OPINION DIGESTS 1699 Second, when the material is used for shoe soles and does have the appearance of leather, it is necessary for the shoe manufacturers to mark or label such materials with a designation which clearly discloses either: (1) The material is simulated or imitation leather, or (2) the general nature of the material in such manner as to show it is not leather or split leather. This requirement is imposed by Guide II of the Shoe Guides, but it should be noted that heels are specifically exempted from the marking provisions thereof. Third, marking the shoe soles with the trade name would not be sufficient to remove the deception created by the false impression where the material is finished to have the appearance of leather. In short, there is nothing in the use of the trade name alone which would meet the requirements set forth in answer to question 2. In response to the fourth question, Guide VI of the Shoe Guides ets forth a number of terms which would be acceptable in describing 1e nature of the material when it is finished to have the appearance leather. Those terms are as follows: “simulated leather,” “imitation eather,” or that it is “ground, pulverized or shredded leather” (as 1e case may be). There are a variety of ways in which this objective could be accomplished and the foregoing quoted language is merely suggestive of some ways in which this could be done. (File No. 703 7041, released Feb. 4, 1970.)