Canada Proposes Changes to the Textile Labelling and Advertising Regulations

The proposed changes initiated by the Competition Bureau Canada are intended to simplify the labelling of upholstered and stuffed articles and provide greater clarity for businesses. Under the Textile Labelling and Advertising Regulation (TLAR), dealers must label products that contain filling or stuffing. 

Below are the Competition Bureau’s proposed changes [1]:

1. Exemption for textile articles labelled under provincial regulations – The provincial exemption under section 10 of the TLAR would be simplified to exempt only fibre-related label representations that are required by provincial law.
2. Labelling of textiles “used for warmth” and “textiles not used for warmth” – The TLAR labelling requirements under section 37 (upholstered and stuffed articles used for warmth) and subsection 38(1) (upholstered and stuffed articles not used for warmth) would be harmonized and combined into one section.
3. Labelling exemption for certain filled and stuffed textile articles – Repeal subsection 38(2) of the TLAR, which currently exempts dealers from providing information on a label regarding the fibre composition of filling or stuffing used in upholstered furniture, mattresses, box springs, cushions, chair pads, potholders, oven mitts, place mats, and mattress protectors (subsection 38(2) articles). Under this proposal, dealers would be required to provide information on a label regarding the filling or stuffing for all subsection 38(2) articles.
4. Filled and stuffed textile articles produced prior to January 1, 2021 – The TLAR would include a new section that allows dealers to rely on the subsection 38(2) exemption for articles produced before January 1, 2021. Dealers of subsection 38(2) articles made after that date would be required to disclose the fibre composition of the filling or stuffing used in the article.
5. Textile Articles Subject to the TLA and TLAR – The Bureau proposes amending Schedule I (3) of the TLAR to prescribe all textile components of subsection 38(2) articles.
6. Consumer Textile Articles containing filling or stuffing – This proposal would amend the current wording of Schedule II (5) of the TLAR to clarify that the section is limited to consumer textile articles where the only textile fibre (s) present are filling or stuffing (e.g. a bag of stuffing at a craft store).
7. Non-permanent labels – This proposal would amend Schedule II (3) to allow dealers to use non-permanent labels to disclose all textile components of subsection 38(2) articles.
8. Costs and Benefits – The Bureau is committed to ensuring that Canadian consumers and businesses thrive and benefit from a competitive marketplace. To help better review the impacts of the proposals, the Bureau welcomes any further comments related to the costs and benefits.

The act and regulation under Textile Labelling Act (TLA) and Textile Labelling and Advertising Regulation (TLAR) specify the mandatory labelling requirement for consumer textile products in Canada. The disclosure label should bear the fibre content information expressed in percentages by mass, and the dealer identity information. The requirements under the TLA and the TLAR help consumers choose products based on their needs and protect them against misleading representations. 

Reference

[1] The Competition Bureau Canada – Proposed changes to the Textile Labelling and Advertising Regulations

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