Atlas Legal analyzed KFTC Decision No. 2026-002 (January 14, 2026) and published detailed commentary on the regulatory risks and preventive compliance strategies for companies advertising down filling content in South Korea.
Overview
This commentary addresses apparel manufacturers and distributors engaged in the padding and outerwear market. The analysis reviews applicable Korean labeling standards under KS K 2620 and enforcement risks under the Fair Labeling and Advertising Act (표시광고법). Drawing on a 2026 Korea Fair Trade Commission (KFTC) enforcement action, the piece examines the structural violation pattern and the internal controls companies must establish to avoid similar exposure.
Key Issues in the 2026 KFTC Enforcement Action
In KFTC Decision No. 2026-002 (Case No. 2025Seoso1151, January 14, 2026), a men’s fashion brand sold padding products on Musinsa, 29cm, and its own website from October 2024 to March 2025, advertising the filling as “90% Goose Down, 10% Goose Feather.” Testing by six accredited laboratories (FITI, KOTITI, KATRI) revealed that the species mix ratio for goose content ranged from 0.7% to 93.8%, with some products containing up to 99.3% duck down. The KFTC issued a cease and desist order under Article 7 of the Act. This case illustrates the critical distinction between composition ratio (proportion of down vs. feather) and species mix ratio (proportion of goose vs. duck), and the legal consequences of advertising without verifying both.
Sanctions Under the Fair Labeling and Advertising Act
Article 3(1)(i) of the Act prohibits advertising that differs from facts or excessively inflates them. Administrative sanctions under Article 7 include cease and desist orders, mandatory public disclosure of corrective measures, and corrective advertising orders — measures that carry significant reputational consequences. Surcharges under Article 9 may reach up to 2% of related revenue, or up to KRW 500 million where revenue is difficult to calculate. Criminal liability under Article 17 includes imprisonment of up to two years or fines of up to KRW 150 million, with the dual penalty provision (Article 19) extending liability to the corporate entity itself.
Korean Down Labeling Standards: Composition Ratio vs. Species Mix Ratio
Under KS K 2620 and Annex 1 of the Safety Standards for Household Textile Products, a product may be labeled as a “down product” only if its filling contains at least 75% down (per the 1999 IDFB international convention). To advertise “90% Goose Down,” both the composition ratio (at least 90% down) and the species mix ratio (at least 90% goose) must be satisfied simultaneously. Reliance solely on raw material test reports provided by suppliers is insufficient — finished product testing by a KOLAS-accredited laboratory on a per-lot basis is essential.
Compliance and Risk Prevention Strategy
The analysis identifies three internal control measures companies should consider. First, establishing a dual-review process in which the legal or quality management team independently verifies all advertising copy prepared by the marketing team before publication. Second, incorporating filling quality warranty clauses and damage provisions for inaccurate supplier representations into all procurement contracts. Third, maintaining systematic per-lot quality testing records, using conservative figures that account for KS K 2620 tolerance ranges, and clearly distinguishing composition ratio from species mix ratio in all product listings.
Legal Expertise
Atlas Legal provides practice-oriented services in Fair Labeling and Advertising Act compliance, KFTC investigation response, and pre-publication advertising review for companies operating in the Korean market. Our team combines regulatory analysis with sector-specific compliance strategies to help businesses proactively manage enforcement risk before it materializes.