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Beware of Organic Claims in Products

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.

“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, 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,” said Vicki Worden, president of 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.”
 

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