Affaire relayée par "Chicago Tribune" "CBS46 News Atlanta" "The Consumerist" " Reuters" entre autres ...
L'affaire risque tout de même de coûter la bagatelle de 1.3 million de dollards au 4 anciennes incriminés.
Sale coup pour l'image du bambou.
According to a recent study, a staggering 71 percent of Americans keep
an eye out for "green" products when they shop. And since bamboo is one
of those materials that practically whispers "eco-friendly," it's a good
bet that the four-pack of men's bamboo socks recently advertised by JCPenney caught the eye of many shoppers.
"Made of pure bamboo fibers," promised the sock ad. "Show off your
environmental cred." For just $26, you could get four pairs of socks and take care of planet Earth. Sounds too good to be true, right?
In fact, it was.
Earlier today, the Federal Trade Commission announced complaints
against four major retailers—Bed Bath & Beyond, Nordstrom, JCPenney
and Backcountry.com—with civil penalties totaling $1.3 million. The
offense? Marketing bamboo products that aren't made of bamboo.
Shoppers, in the commission's own words, have been "bamboozled."
The FTC's complaints maintain that these retailers broke the law by
saying specific products (including JCPenney's aforementioned socks and
Bed Bath & Beyond's Bamboo Blend Napkins)
were made of bamboo, when in fact they were nothing more than rayon.
What's more, according to the FTC, these companies persisted with
misleading marketing despite warning letters issued in 2010 to 78 leading retailers, pointing out the violations.
"These companies were well aware of their obligations and of the
potential consequences for failing to heed the warning letter," FTC
Bureau of Consumer Protection attorney Korin Felix told Adweek.
"Consumers need to be able to trust the information they see on product
labels and advertisements for textile products. This is especially true
for information about the fibers used in the products, because consumers
have no way of knowing the fiber content other than by relying on that
information."
How did it happen?
According to the FTC, the problem begins with consumers' understandable
ignorance of how bamboo is made into fabric. Unlike cotton, for
example, bamboo requires the application of toxic chemicals including
sulfuric acid to obtain the pliancy needed for weaving. Simply put, by
the time the bamboo becomes a fabric, it's technically not even bamboo
anymore—it's rayon. "Even when bamboo is the 'plant source' used to
create rayon," advises an FTC publication, "no traits of the original plant are left in the finished product."
What's more, the chemicals used in the process (which often takes place
in China) are pollutants and frequently disposed of improperly. So the
notion of bamboo fabrics being eco-friendly is itself misleading.
In a written statement, JCPenney told Adweek that "we appreciate the
FTC bringing this issue to our attention, as JCPenney never intends to
mislead our customers. As a result, we have updated our product
descriptions to be more clear and transparent for consumers. The company
has also implemented ongoing internal training programs that address
product content disclosure, and seek to prevent related issues moving
forward."
Bed Bath & Beyond did not immediately respond to a telephone call for comment.
A leading consumer advocate praised the news. "The FTC's actions today
underscore the importance of ensuring that 'green' marketing statements
are truthful and substantiated," said C. Lee Peeler, president and CEO
of the Advertising Self-Regulation Council, a unit of the Council of Better Business Bureaus.
"As a result of the FTC actions," Peeler added, "we hope to see greater
self-policing of these types of claims by the industry."
That's a weighty hope. After all, this is hardly the first time brands
have taken heat over their own marketing claims. A pair of class-action
suits filed last year by a California woman named Rohini Kumar allege
that several popular brands of olive oil misled consumers
by claiming their products were "imported from Italy" (even though some
of the olives were grown and pressed in other countries) and "extra
virgin," though they were mixed with other refined oils.
Then there was 2013's infamous "Honeygate" scandal—serious
enough to involve both U.S. Customs Enforcement and the Department of
Homeland Security—in which honey from China was imported to the U.S. via
middleman countries in order to disguise its origins.
Looking forward
The brands' misleading of customers, as the FTC puts it, is all the
more egregious during the holiday season, when Americans are out buying
gifts for that eco-conscious person on their shopping lists—though the
agency promises to maintain its scrutiny well into the new year.
"False 'bamboo' claims are a significant problem for consumers who care
about buying environmentally friendly products," Korin said, "and the
FTC will remain vigilant and will take appropriate actions to protect
all consumers from deceptive 'bamboo' claims."
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