UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON. D.C. 20580 

Jock Chung 

Division of Enforcement 

Phone: (202) 326-2984 

Email: jchung@ftc.gov 

December 14, 2017 

Donald S Stein, Esq. 

Greenberg Traurig, LLP 

2101 L Street, NW, Suite 1000 

Washington, DC, 20037 

Re: Piirlin, LLC Advisory Opinion 

Dear Mr. Stein, 

This is in reply to your September 14, and October 27, 2017, letters on behalf ofPlirlin, 

LLC ("Ptirlin") requesting an opinion that Purlin's bedding is not a product intended for uses 

subject to the Textile Products Identification Act, 15 U.S.C. § 70 (the "Textile Act" or "Act"), 

and its implementing regulations, the Rules and Regulations Under the Textile Fiber Products 

Identification Act, 16 C.F.R. Part 303 (the "Textile Rules" or "Rules"). You request 

confirmation that the Textile Act and Rules do not require Ptirlin to attach labels to its recyclable 

bedding at the time it provides the bedding to institutions. 

As discussed below, based on the facts provided by Ptirlin, staff opines that Ptirlin's 

recyclable bedding does not fall within the definition of "household textile article" in Section 

70(g) ofthe Textile Act. Consequently, in our view, Ptirlin's recyclable bedding is not covered 

by the Textile Act or the Textile Rules, and Pfulin may provide its bedding to institutions 

without labels. 

According to your letters and statements to me, the issues present the following facts: 

Ptirlin offers woven recyclable bedding (sheets and pillowcases) made from polyester fiber to 

healthcare, hospitality, and similar institutions. It does not offer this product to individual 

consumers. This bedding is not washed, but after one use is disposed ofthrough recycling. 

Ptirlin arranges for the bedding to be recycled into pellets, which are then extruded at high 

temperatures into sterilized fibers to be woven into hygienic recyclable fabric. Prior to recycling, 

any labels on the bedding must be removed to prevent label ink from contaminating the fibers 

produced through recycling. According to Ptirlin, consumer recycling facilities cannot recycle 

its bedding. 

The Textile Act prohibits the introduction into commerce of any misbranded "textile fiber 

product," where such a product is "any household textile article made in whole or in part of yam 
or fabric," or fiber, yam, or fabric to be used in a household textile article. 1 The Act defines 

"household textile articles" as "articles of wearing apparel, ... beddings, and other textile goods 

of a type customarily used in a household regardless of where used in fact. "2 A product is · 

misbranded if it is not labeled with required information prior to being produced in the form 

intended for sale, delivery to, or for use by the "ultimate consumer,"3 defined as "a person who 

obtains a textile fiber product by purchase or exchange with no intent to sell or exchange such 

textile fiber product in any form. "4 

Most bedding, such as cotton bedding, is of a type customarily used in a household and 

consequently falls under the Textile Fiber Act, even when such bedding is used in an institution, 

such as a hospital. However, Pilrlin's recyclable bedding is offered exclusively to institutions, 

and only they have access to Ptirlin's recycling services. 5 Consequently, in our view, Pilrlin's 

recyclable bedding is not a household textile article and therefore not covered by the Textile 

Act's or Rules' labeling requirements. 

We base this opinion on the specific facts. If, at any time, Ptirlin or any other entity, 

offers similar recyclable bedding for household use, its bedding would fall within the Textile 

Act's definition of a household textile product and must be labeled pursuant to the Textile Act 

and Textile Rules.6 · 

In accordance with Section 1.3(c) of the Commission's Rules of Practice and Procedure, 

16 C.F .R. § 1.3( c ), this is a staff opinion only and has not been reviewed or approved by the 

Commission or by any individual Commissioner, and is given without prejudice to the right of 

the Commission later to rescind the advice and, where appropriate, to commence an enforcement 

action. 

1 15 U.S.C. § 70(h). The definition excludes products covered by the Wool Products Labeling Act of 1939, 15 

U.S.C. 68 et seq. 2 The Act covers such articles even where they are used outside of the house. For example, the Commission has 

required industrial work gloves and diving wetsuits to be labeled under the Textile Act. Magid Mfg. Co., Inc., 75 

F.T.C. 808 (1969); Dive N' Surf, Inc., 114 F.T.C. 798 (1991). 3 15 U.S.C. 70a(d)(5). 4 15 U.S.C. 70(m). You also suggest that Ptirlin's bedding is not intended for sale, delivery, or for use by the 

"ultimate consumer," and therefore Ptirlin could comply with the Rules merely by disclosing required information in 

an invoice or other document, e.g., a package label, pursuant to Section 303.31. You assert that the institutions 

buying Ptirlin's bedding are not "ultimate consumers" because, at the time they receive it, they intend to eventually 

exchange it for new bedding. We disagree with this interpretation. The Act implicitly defines "ultimate consumer" 

as a person who obtains a textile fiber product with no intent to sell or exchange it unused. Under the Act, for 

example, a manufacturer can provide unlabeled textile fiber products to a wholesaler who intends to sell the 

products unused to retailers. Under Ptirlin's contention, however, stores could sell unlabeled garments to be worn 

by purchasers, as long as they intend to eventually sell or exchange the garments. This interpretation would obviate 

the Act. 5 In fact, because its recycling services are only available to Plirlin 's institutional customers, it would be deceptive to 

represent its bedding as recyclable to consumers. See FTC v. AJM Packaging Corp., No. I: I 3-cv-1510 (D.D.C. Oct. 

1, 2013); see Green Guides, I 6 C.F.R. § 260.12 (stating it would be deceptive to advertise a product as recyclable 

when recycling facilities are unavailable to consumers or communities where the item is sold). 6 Pi.irlin has represented that its woven recyclable bedding is a unique product, and that it has a patent pending for 

this product. 
In accordance with Section 1.4 of the Commission's Rules of Practice and Procedure, 16 

C.F.R. § 1.4, your request for advice, along with this response, will be placed on the public 

record. 

~~'(h~AA~ 

Jock Chungvv-- -y ~