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Do textile labeling rules apply to used clothing you resell?

Mostly not: the FTC's Textile Rules exclude "secondhand household textile articles which are discernibly secondhand or which are marked to indicate their secondhand character" (16 CFR 303.45(b)(4)), so a used shirt doesn't need a new fiber, origin or maker label from you.

The exclusion ends the moment your listing mentions fiber without a full disclosure, or misstates it: write "cashmere" or "silk" and the Textile Act's advertising rules apply, so name every fiber of 5% or more in order of weight as the label shows it, and never make a fiber claim the label doesn't support.

General information about federal law, not legal advice. This page quotes the rule and the agency's own guidance; it can't tell you whether your business meets them, and state law and marketplace policies can add more. For your own situation, check with a lawyer.

Made in USA, textile, wool and fur labeling (16 CFR Parts 300, 301, 303 and 323). Checked against the official sources below on .

The rule, in its own words

“Secondhand household textile articles which are discernibly secondhand or which are marked to indicate their secondhand character.”

16 CFR 303.45(b)(4). eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026.

“…if any representations as to the fiber content of such products are made on any label or in any advertisement without making a full and complete fiber content disclosure…”

16 CFR 303.45(c)(1), when the exclusion stops applying. eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026.

“If any false, deceptive, or misleading representations are made as to the fiber content of such products.”

16 CFR 303.45(c)(2). eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026.

“If a written ad for a textile product makes any statement about a fiber, or implies the presence of a fiber, the fiber content information that’s required on the label must appear in the ad, minus the percentages.”

FTC, Threading Your Way, "Ads". Federal Trade Commission; July 2014, edited October 2020 and January 2025.

Does the exclusion cover clothing, or only linens?

The Textile Act defines "household textile articles" to include "articles of wearing apparel, costumes and accessories" (15 U.S.C. 70(g)), so the 303.45(b)(4) exclusion reaches used clothing, not only used linens. The FTC's own guide lists "Secondhand household textile items that are obviously used or marked as secondhand" among the items not covered. Both tests are alternatives: an item qualifies if it is discernibly secondhand, or if it is marked to show it is secondhand.

What a full fiber disclosure looks like in a listing

  • Every fiber of 5% or more, by generic name, in order of weight, with "other fiber" or "other fibers" for the rest (303.42(a)).
  • Percentages are optional in ads: "The advertisement need not state the percentage of each fiber" (303.42(a)). Copying them from the label is still the clearest way.
  • Online listings are written ads. The FTC: "Written advertising includes internet advertising".
  • Implied fibers count. Terms that by custom indicate a fiber, or that connote one, are treated as an implication of fiber content (303.40). Words that suggest a fiber that isn't there are barred (303.18).
  • "100%" and "All" are only for products made wholly of one fiber, apart from ornamentation and the like (303.27).

Listing wording, sorted

Discernibly secondhand clothing under 16 CFR 303.45 and the Textile Act ad rule, 15 U.S.C. 70b(c). The label contents are illustrative.
Label saysListing saysResult
60% cotton, 40% polyester“Pre-owned women's sweater, size M, see photos”Excluded: no fiber claim.
100% cotton“Vintage 100% cotton tee”A fiber claim with a full disclosure (one fiber), matching the label.
70% wool, 20% nylon, 10% cashmere“Cozy cashmere-blend sweater”Fiber claim without full disclosure: the exclusion is lost, and the item is a wool product besides. List “wool, nylon, cashmere” in that order, or the percentages.
100% polyester“Silk blouse”A false fiber claim: excluded no longer (303.45(c)(2)) and falsely advertised under 70b(a).
100% acrylic“Faux mink jacket”Textile ads can't use names or words that connote a fur-bearing animal, such as "Mink" (303.9; 15 U.S.C. 70b(g)). Whether the secondhand exclusion protects that wording isn't addressed. Leave the animal name out and describe the fiber, such as “100% acrylic pile coat”; the rule doesn't say whether the word “fur” in “faux fur” counts.
Label cut out“Feels like linen”A fiber implication with no way to disclose. Describe look and feel without fiber names.

Used wool items are a separate question

The secondhand exclusion is in the Textile Rules, and the Textile Act's requirements don't apply to products that must be labeled under the Wool Act (303.2(c)). The FTC's guide says most products containing any amount of wool are covered by the Wool Act and Rules, and we found no secondhand exclusion in the Wool Rules (16 CFR 300) or the Wool Act definitions (15 U.S.C. 68). So for a used wool garment, the sources don't give the same clear exclusion. What they do say:

  • A product "represented as wool" must show its wool percentages, and isn't "wool" unless it is 100% wool apart from up to 5% ornamentation (68b(a)(4)).
  • "Cashmere" has a legal definition: the fine dehaired undercoat of the cashmere goat, averaging 19 microns or finer, with no more than 3% of coarse fibers over 30 microns (68b(a)(6)). A "Super 100's" claim means fiber averaging 18.75 microns or finer (68b(a)(5)).
  • Names of fibers that aren't present can't appear on wool product labels (300.24(a)).

In practice: copy the wool label exactly, keep it on the garment, and don't upgrade "wool blend" to "wool" or "cashmere blend" to "cashmere." If a used wool item's label is gone, check with a lawyer before describing its fiber.

Edge cases

  • "Discernibly secondhand" isn't defined. New-with-tags items bought secondhand may not look secondhand at all; see new clothing listings. The rule also excludes items "marked to indicate their secondhand character", but doesn't say whether a listing's condition note counts as marking.
  • Hats and shoes aren't covered by the Textile Act at all (15 U.S.C. 70j(a)(10)-(11)), though the FTC says wool hats and wool slippers are covered by the Wool Rules.
  • Upcycled pieces made from used fabric. For a product made from secondhand materials whose fiber content is unknown and can't practically be determined, the Textile Rules allow a disclosure such as "Secondhand materials—fiber content unknown" (303.14(a)).
  • Removing labels. For covered products, the FTC says it is illegal for retailers to remove labels with required information without replacing them. Keeping original labels on used items also backs up your listing.
  • Real animal hair in a blend. The ban on fur-animal names in textile ads has one exception: when the item actually contains the hair or fiber of a fur-bearing animal, the animal's name may be used together with the word “fiber”, “hair” or “blend” (15 U.S.C. 70b(g)). Copy that part of the label as written, such as “rabbit hair”, rather than shortening it to the animal's name.
  • Care labels come from a different FTC rule (16 CFR Part 423), not covered here.

What to do

  1. Describe used clothing by size, measurements, condition and photos; mention fiber only if you'll give the full disclosure.
  2. When you name a fiber, copy every fiber from the label in order of weight, with or without percentages.
  3. Photograph the fiber label and include it in the listing.
  4. Never name a fiber the label doesn't show, and don't use fur-animal names for faux fur.
  5. Treat wool and cashmere items with extra care: copy the label exactly.

Penalties, as the agency states them

The FTC states the consequences this way:

“Violators of an administrative order are subject to monetary civil penalties of up to $53,088 per violation. Each instance of mislabeling under the Textile, Wool and Fur Acts is considered a separate violation.”

FTC, Threading Your Way, "Enforcement of the Textile, Wool, and Fur Rules". Federal Trade Commission; July 2014, edited October 2020 and January 2025.

Questions

Do I have to put fiber content in a used clothing listing?

Not for discernibly secondhand household textile articles, which 16 CFR 303.45(b)(4) excludes, as long as you make no fiber claim. Once you name or imply a fiber, give the full disclosure.

Can I write "100% cotton" if the label says so?

Yes: that is a full disclosure for a single-fiber product, and "100%" is allowed for products made wholly of one fiber (303.27).

Does the FTC care about one listing?

The FTC says each instance of mislabeling under the Textile, Wool and Fur Acts is a separate violation.

Sources

Every rule, number and date on this page comes from these official pages, each read on ; quotes are copied word for word. General information, not legal advice.

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