Terminology – Italian Legislative Decree 68/2020, EU Labelling, Other Regulations and Standards
The use of the term ’leather’ has historically been abused by producers of alternative materials to leather, historically of exclusively synthetic origin, but in recent years also by producers of synthetic materials mixed with natural fibres (so-called ’plant based’, even if at the moment there are few plant fibres found).
The reason for using this incorrect terminology is to communicate to customers that these materials have the quality, performance and sensory characteristics that consumers have always associated with (real) leather. In other words, it is an attempt to ennoble materials with different characteristics from those of leather in the eyes of consumers.
In order to counter the growing misuse of terms, protect the market and avoid misleading messages for the final consumer, over the years it has been necessary to promote legislative action aimed at protecting the transparency and authenticity of materials. The first national legislation in this regard, Italian Law no. 1112 of 1966, responded precisely to the need to increase the level of clarity towards consumers on the terminology of materials, but over time it has proven to be substantially ineffective towards the set objective, especially due to the lack of definition of a control system and sanctioning framework. It was essential to review the law and update it to the current modern context of protecting the market and its operators and users.
Italian Legislative Decree no. 68 of 9 June 2020 (’New provisions on the use of the terms “leather”, “hide” and “fur” and those derived therefrom or their synonyms and the related sanctions,” pursuant to Article 7 of Law no. 37 of 3 May 2019 – European Law 2018) arises from this need and provides the legal definition of what should be understood with the term ’leather’: a material that has at least two fundamental and distinctive characteristics, namely animal origin and an intact fibrous structure.
In accordance with this decree, no material that is not real leather/real hide, i.e. ,does not originate from an animal skin and does not have the same unaltered fibrous structure, can be defined or labelled ’leather’. The use of terms that do not comply with the definitions is prohibited and punishable, even in combination with suffixes or prefixes, in languages other than Italian and in any type of communication, including via the web, in order to combat unfair practices in online commerce and advertising. At the same time, a labelling or marking obligation is foreseen for economic operators who use the terms to describe and promote manufactured goods intended for sale, in order to inform consumers of their composition.
This regulation is in addition to the European legislation on the labelling of materials that make up footwear (Italian Ministerial Decree 11 April 1996, implementing EU Directive 94/11).
EU Directive 94/11 concerns all footwear intended for everyday use and requires that a label be affixed containing information on the materials that make up the footwear parts, defined and indicated as follows:
Upper: outer surface of the shoe, attached to the outer sole
Upper and inner sole lining: lining and insole inside the shoe
Outer sole: lower surface attached to the upper, subject to wear
Information relating to materials is expressed using the following symbols:
and must appear on the label, near the symbols that refer to the three parts of the shoe.
The material must constitute at least 80% of the indicated part of the shoe.
If no material reaches this limit, the label must provide information on the two main components.
In many other countries around the world, laws and regulations have been enacted regarding the correct terminology to use in describing a ‘leather’ material and its substitute materials. Among these mention should be made of: France, Spain, Portugal, Brazil, Germany, USA. On the website of the International Council of Tanners (of which UNIC is one of the main members), it is possible to consult all these regulatory provisions in detail, as well as general information regarding labelling and brands at an international level.
Terminology in UNI/CEN/ISO Standards
In order to standardise the definitions and terminology related to leather, UNIC, which is part of the standardisation commissions UNI/CT 013 (Italian), CEN/CT 289 (European) and ISO/CT 120 (international), has participated in drafting several standards on the subject.
The main ones include:
which specify the key terms and definitions used in the leather trade.
Furthermore, standards have been drawn up regarding the labelling of objects in which leather is present:
The terminology standards are not limited to finished articles or tanned leather; raw hides have also been taken into consideration:
Vero Cuoio, Vera Pelle, Eco Leather, Ecological Leather
The ’Vera Pelle’ and ’Vero Cuoio’ [Real Leather and Real Hide] brands are a further guarantee for consumers; they were registered by UNIC in 1977 as collective brands at a national level, and the following year at an international level. In Italy, they were converted into certification brands on the basis of Legislative Decree no. 15/2019 (implementation of Directive (EU) 2015/2436). In addition to certifying the authenticity of the material pursuant to Italian Legislative Decree no. 68/2020, they guarantee the safety of the products supplied and compliance with technical performance.
Considering the added value they confer to manufactured goods, they are subject to counterfeiting just like the most famous fashion brands. For this reason, UNIC has extended the request for customs surveillance at the Customs and Monopolies Agency since 2007. This is a preventive tool for fighting counterfeiting: it prevents placement on the national market of illegitimately marked manufactured goods, capable of inducing the consumer to believe that they are quality, Italian items. The Association is contacted by Italian customs to confirm suspected counterfeiting.
There have also been numerous requests from the Guardia di Finanza, which acts autonomously, interested not only in counterfeiting, but also in determining the exact composition of the product and the possible presence of dangerous substances.
Following customs blocks and independent seizures by the Guardia di Finanza of goods illegitimately marked ’Vero Cuoio’/’Vera Pelle,’ more than 50 criminal proceedings have been initiated throughout Italy. In over 60% of these proceedings, UNIC, as the injured party, has provided testimony and consultancy.
Since 2011, UNIC has also activated the customs surveillance request for the protection of the international trademarks ’Vero Cuoio’/’Vera Pelle’ in Germany. To date, the Association has received more than 100 customs reports, mainly for the illegitimate use of the trademark ’Vero Cuoio’, affixed to the soles of footwear originating, almost exclusively, from China.
Ecological Leathers. The product certification of leathers with a low environmental impact (’eco-leather’ or ’ecological leather’) issued by ICEC – Institute for Quality Certification for the Tanning Industry – is based on the UNI 11427 standard for ’leathers and hides with a low environmental impact’. The environmental criteria and the functional characteristics of the product that characterise ecological leathers are standardised at a national level. The standard establishes minimum requirements to be respected in order to obtain the eco-leather logo through certification, which can then also be applied to manufactured products through numbered labels.
Collective trademark registered at European level by UNIC, also certifying compliance with the UNI 11427 standard for ’hides and skins with reduced environmental impact’.