How to Avoid KFTC Sanctions for False Goose Down Advertising in South Korea

1. What Constitutes False or Exaggerated Advertising in South Korea?

Key Answer

Article 3(1)(i) of the Fair Labeling and Advertising Act (hereinafter “the Act”) prohibits “false or exaggerated labeling and advertising.” Article 3(1) of the Enforcement Decree defines this as “labeling or advertising differently from facts, or excessively inflating facts in labeling or advertising.”

Requirements for Establishing False or Exaggerated Advertising

According to Korean Supreme Court precedents, three requirements must be met to establish false or exaggerated advertising (Supreme Court Decision 2014Du1925, April 7, 2017; Supreme Court Decision 2019Du36001, April 28, 2022).

First, falsity or exaggeration of advertising content. This applies when advertising content differs from objective facts or excessively inflates facts. In the above case, the advertisement claimed “90% goose down, 10% goose feather,” but some products actually contained predominantly duck down, making the advertisement factually inaccurate.

Second, potential for consumer deception. The Supreme Court has ruled that this should be “determined objectively based on the overall and ultimate impression that an ordinary consumer with average attention would form from the advertisement.” Ordinary consumers form impressions not only from direct expressions but also from implicit suggestions and customary circumstances.

Third, potential harm to fair trade. The advertisement must have the potential to interfere with consumers’ rational purchasing decisions and thereby harm fair trade order in the relevant market.

Distinction from Deceptive Advertising

The Act also prohibits “deceptive advertising” in addition to false or exaggerated advertising (Article 3(1)(ii)). According to Article 3(2) of the Enforcement Decree, deceptive advertising is defined as “labeling or advertising by concealing or minimizing facts.” While false or exaggerated advertising involves “actively presenting content different from facts,” deceptive advertising involves “passively concealing important facts.”

2. What Are the Labeling Standards for Down Filling in South Korea?

Key Answer

Down filling labeling must comply with Annex 1 (Household Textile Products) of the “Safety Standards for Consumer Products Subject to Safety Standards Compliance” (Korean Agency for Technology and Standards Notice) under Article 28 of the Electrical Appliances and Consumer Products Safety Control Act, as well as Korean Industrial Standard KS K 2620 (Down and Feathers for Filling). The key point is that both “composition ratio” and “species mix ratio” must be accurately indicated.

Basic Concepts of Down and Feathers

“Down and feathers” (우모, 羽毛) refers to the epidermal structures covering bird skin, collectively describing feathers collected for use as filling in bedding and clothing (see KS K 0020:2023 Down and Feather Terminology). Down and feathers are broadly categorized into “down” and “feathers.”

Down consists of soft underfeathers from the breast area of birds, featuring snowflake-like fiber structures that are soft and trap significant air for excellent insulation. Feathers are attached to wings and provide less insulation than down but create loft space that helps form air layers. Typically, padding filling uses mixtures such as 80% down and 20% feathers.

What is Composition Ratio?

“Composition ratio” is the mass percentage breakdown of down and feathers into seven categories: down clusters and immature soft down, down fiber, waterfowl feathers, land fowl feathers, damaged feathers, feather fiber, and other foreign matter. In this context, “down” includes only “down clusters and immature soft down,” while “feathers” encompasses all other categories.

Important Standard: According to Section 7.1.3.1 of Safety Standards Annex 1, filling must contain at least 75% down to be labeled as a “down product.” This international standard was established by the International Down and Feather Bureau (IDFB) convention in 1999.

What is Species Mix Ratio?

“Species mix ratio” indicates the percentage of goose content versus duck content by mass in down and feather filling. When land fowl feathers are included, it is categorized into three types: goose, duck, and land fowl.

Generally, goose down provides superior insulation compared to duck down and commands higher prices. Down clusters from geese are 1 to 1.5 times larger than duck down clusters, have lower density resulting in less tangling, and can trap more air.

Common Errors in Practice

Many companies make the mistake of checking only the “composition ratio” while overlooking the “species mix ratio.” For example, even if the composition ratio shows “90% down, 10% feather,” that down could be duck down. Therefore, to advertise “90% Goose Down,” companies must verify that the species mix ratio also shows at least 90% goose content.

3. What Went Wrong in the 2026 KFTC Decision?

Key Answer

In KFTC Decision No. 2026-002 (January 14, 2026, Case No. 2025Seoso1151), the respondent company advertised its padding products as “Filling: 90% Goose Down, 10% Goose Feather.” However, test results showed that the species mix ratio for goose content ranged from as low as 0.7% to a maximum of 93.8%, with some products containing over 99% duck down.

The Problematic Advertisement

The company sold products from October 2024 to March 2025 through online shopping platforms “Musinsa,” “29cm,” and its own website, using the expression “Filling: 90% Goose Down, 10% Goose Feather.” An ordinary consumer encountering this expression would perceive it as “filling composed of 90% goose down and 10% goose feather, meaning 100% goose-derived materials.”

Test Results

Six tests were conducted on the products by three accredited testing institutions: FITI, KOTITI, and KATRI. Based on composition ratio, all tests showed down content above 80%, which met the requirements for “down product” labeling. However, based on species mix ratio, goose content varied significantly from 0.7% to 93.8%, with some products containing up to 99.3% duck down.

KFTC’s Determination

The KFTC determined as follows:

Falsity/Exaggeration Confirmed: While the advertisement implied “100% goose-derived,” some products actually contained over 99% duck down. This constitutes advertising different from facts.

Consumer Deception Confirmed: An ordinary consumer viewing this advertisement would perceive the filling as “90% goose down, 10% goose feather” with no duck content.

Harm to Fair Trade Confirmed: Padding is a product where winter insulation is prioritized, and goose content is an important factor in consumer purchasing decisions. False advertising interferes with consumers’ rational purchasing decisions.

Outcome

The KFTC issued a cease and desist order pursuant to Article 7 of the Act, requiring the company to “refrain from making the same or similar false or exaggerated advertisements in the future.” The company acknowledged the violation and accepted the corrective measures.

4. What Sanctions Apply for Violating Korean Fair Labeling and Advertising Act?

Key Answer

Violations of the Fair Labeling and Advertising Act may result in both administrative sanctions and criminal penalties. Administrative sanctions include corrective measures (Article 7) and surcharges (Article 9), while criminal penalties include imprisonment up to 2 years or fines up to KRW 150 million (Article 17).

Types of Corrective Measures (Article 7)

The KFTC may order the following measures for unfair labeling and advertising practices:

1. Cease and Desist Order: An order to immediately stop the relevant advertising.

2. Public Disclosure of Corrective Order: An order to publicly announce that a corrective order was received for legal violations. This can significantly damage corporate image.

3. Corrective Advertising: An order to publish advertising that corrects the erroneous advertising content.

4. Other Necessary Measures: The Supreme Court has ruled that “other measures necessary for correcting violations” includes warnings (Supreme Court Decision 2011Du4930, December 26, 2013). Warnings also constitute administrative dispositions as they affect surcharge imposition for subsequent violations.

Surcharges (Article 9)

The KFTC may impose surcharges not exceeding 2% of related revenue for unfair labeling and advertising practices. When revenue cannot be determined or is difficult to calculate, surcharges are capped at KRW 500 million.

Criminal Penalties (Article 17)

Violators of Article 3(1) face imprisonment up to 2 years or fines up to KRW 150 million. Under the dual penalty provision (Article 19), corporations may also be penalized.

Civil Damages Liability (Article 10)

Consumers harmed by unfair labeling and advertising may seek damages. Notably, strict liability applies, meaning businesses cannot escape liability by claiming absence of intent or negligence.

5. What Should Companies Check Before Advertising?

Key Answer

Before advertising down filling content, companies must obtain test reports from accredited laboratories, verify both composition ratio and species mix ratio, and then prepare advertising copy. Rather than relying solely on supplier-provided data, it is safer to commission testing on finished products directly.

Selecting Accredited Testing Institutions

Filling material quality testing should be conducted at laboratories accredited as textile product testing institutions by KOLAS (Korea Laboratory Accreditation Scheme). Major accredited testing institutions include:

KATRI (Korea Apparel Testing & Research Institute)

FITI Testing & Research Institute

KOTITI Testing & Research Institute

Accredited testing institutions can be searched through the “Accredited Organization Search” menu on the KOLAS website (knab.go.kr).

Testing Considerations

1. Commission testing on finished products. Testing only raw filling materials provided by suppliers may yield results different from actual finished products. In the above KFTC case, test results for filling materials alone differed from finished product test results.

2. Test both composition ratio and species mix ratio. A composition ratio of “90% down” alone cannot determine whether it is goose or duck down. Species mix ratio testing must also be conducted.

3. Test by production lot. Filling quality may vary by production period or supplier, so conducting quality testing by lot is advisable.

Advertising Copy Considerations

1. Use accurate figures based on test reports. Rather than vague expressions like “approximately” or “about,” it is better to state exact figures from test reports.

2. Clearly distinguish composition ratio from species mix ratio. For example, stating “Filling: 90% Down, 10% Feather / Species Mix: 85% Goose, 15% Duck” clearly prevents consumer confusion.

3. Consider tolerance ranges. According to KS K 2620 composition ratio tolerances, a product labeled “90% down” must actually contain at least 85% down. Using conservative figures that account for tolerances is safer when advertising.

Establishing Internal Management Systems

1. Establish advertising review processes. Create dual verification systems where legal or quality management teams review advertising copy prepared by marketing teams.

2. Strengthen supplier management. Include filling quality guarantee clauses and damages provisions for false information in supplier contracts.

3. Conduct regular quality testing. Even for identical products, quality may vary by production period, so conduct regular quality testing and maintain records.

6. FAQ

Atlas Legal provides legal services in corporate advisory, including Fair Labeling and Advertising Act compliance, KFTC investigation response, and advertising review services. Based on practical experience, we focus on proactively identifying advertising risks and preventing legal disputes for businesses operating in South Korea.

※ This article is based on KFTC Decision No. 2026-002 (January 14, 2026) and references relevant laws and precedents. For specific legal matters, please consult with a qualified professional.