Key Takeaways
- Federal law requires fur products, from a mitten with fur trim to a full-length coat, to be labeled as containing real fur and to name the animal.
- Real fur from raccoon dogs, an animal in the dog family, can be cheaper than fake fur, which is one reason real fur turns up in items marketed as faux.
- Willfully mislabeling fur is a federal misdemeanor, and the FTC has brought cases against retailers that sold real fur as faux fur.
When you buy a coat with a "faux fur" collar, how do you know it is fake? And what happens to retailers that sell real animal fur under a faux label?
In this TalksOnLaw Brief, Christine Mott, an animal-law attorney and former chair of the Animal Law Committee of the New York City Bar Association, gives an overview of federal fur labeling law and explains why so many garments sold as faux fur actually contain real fur.
What Federal Law Requires
Mott explains that many retailers have been cited for falsely or incorrectly labeling garments, often items marketed as faux fur that in fact contain real animal fur. Under federal law, she says, all fur products, regardless of value, must be labeled to show that they contain real animal fur and to identify the species, whether the item is a small mitten with fur trim or a full-length coat. If a product is faux fur, it must be clearly labeled as such.
That rule reflects the Fur Products Labeling Act, which the Federal Trade Commission enforces. Fur labels must disclose the animal's name as listed in the FTC's Fur Products Name Guide, the country of origin, and whether the fur is dyed or otherwise treated, among other details. The Truth in Fur Labeling Act of 2010 removed an exemption that had allowed items with $150 or less of fur, such as trim on hats, gloves, and jackets, to go unlabeled.
The Raccoon Dog Problem
According to Mott, the fur most commonly found in these cases is raccoon dog, an animal that, despite its name, is not a raccoon but a member of the canine family. She explains that it is frequently produced in China under very poor humane conditions, and that animals are often skinned alive for their fur. Because these products are shipped cheaply to the United States, real raccoon dog fur is often cheaper to buy than actual fake fur. For that reason, she says, many garments contain raccoon dog fur even when they are described as faux.
On federal labels, this animal appears under the name "Asiatic Raccoon," which the FTC chose to keep when it updated its fur rules in 2014, despite requests from animal welfare groups to require the name "raccoon dog."
What to Know Now
The federal framework Mott describes remains in place. The FTC's updated fur rules took effect in November 2014, implementing the 2010 law. The agency has pursued faux-fur cases directly; in 2013, Neiman Marcus, DrJays.com, and Revolve's parent company settled FTC charges that they marketed products with real fur as faux fur. Willful violations of the Fur Act can also be prosecuted as a federal misdemeanor, punishable by a fine of up to $5,000, up to a year in prison, or both. Some states have gone further. California became the first state to ban the manufacture and sale of new fur products, with exceptions such as used and vintage items, and its law took effect on January 1, 2023. Shoppers can check labels for an animal name, and sellers remain responsible for the accuracy of what they advertise.
