Back to the archive

The encyclopedia · Advertising & PR · Marketing decision · 2022

Walmart and Kohl's sold rayon as 'bamboo' for years — the FTC fined them $5.5M

April 2022: the FTC sued Walmart and Kohl's for marketing rayon sheets as eco-friendly bamboo — $5.5M in penalties, twelve years after the first warning.

Walmart · Kohl's · 2022-04

What happened

For years Walmart and Kohl's sold sheets, towels and housewares labelled as 'bamboo', some advertised as environmentally friendly — produced 'free of harmful chemicals', with clean, non-toxic materials. In reality, the FTC said, the products were synthetic rayon: bamboo dissolved into fibre through a process that takes toxic chemicals and produces hazardous pollutants. The Textile Act requires labels to state the fibres a product contains, and rayon made from bamboo contains no bamboo fibre.

On 8 April 2022 the Department of Justice, on the FTC's behalf, filed complaints in federal court in Washington DC alleging both retailers had violated the Textile Act and the FTC Act since at least 2015 — and had kept the false advertising running after a 2010 FTC warning. The same day both settled: Walmart agreed to a $3 million civil penalty, Kohl's to $2.5 million — $5.5 million combined, at the time the largest penalties ever for bogus bamboo marketing, imposed through the FTC's Penalty Offense Authority. The stipulated orders permanently enjoin the deceptive green claims.

The FTC turned the case into its own consumer alert: if 'bamboo' sheets feel soft and silky, the bamboo has been chemically treated into rayon. For marketing teams the precedent ran wider — a retailer's own green claims carry the same liability as a manufacturer's.

Why it happened

  • The label said bamboo and the fibre was rayon: making bamboo soft takes heavy chemistry, which contradicted every eco-friendly claim layered on top.
  • A 2010 FTC warning had already flagged bamboo claims; continuing them for years more turned a compliance miss into deliberate conduct and multiplied the penalty.
  • Retailers were treated as responsible for their own marketing and could not pass liability to suppliers: the ads carried the store's name, so the fines did too.
What it cost$5.5M penalties; green claims enjoinedcostly

The lesson

Green claims are product claims: the fibre on the label and the eco promise in the ad must both be true. A warning ignored in 2010 becomes a penalty in 2022.

Aftermath

The FTC held the settlement up as the benchmark for textile greenwashing and has kept enforcing against 'bamboo' labelling since; the stipulated orders permanently bar both retailers from mislabelling fibres or making unsubstantiated environmental claims.

Sources

spotted an error? The club wants to know.

Comments · 0

    Sign in to join the comments.

    More like this

    Somewhere, someone solved the problem this company failed at. 2nd Opinion →