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FTC Misrepresentation Rules on Preservative and Protective Value Claims

Funeral service providers cannot make any representations to consumers that funeral goods or services will delay the natural decomposition of human remains for a long-term or an indefinite time. Although the Rule flatly prohibits them from making this representation, the Commission recognizes that it is possible for some funeral goods or services to delay decomposition for a short period.

Example: A family selects a funeral with a viewing. The funeral service provider may explain to the family that embalming will temporarily preserve the body to make it suitable for viewing, but they can't tell them the embalming will preserve the body indefinitely.

Funeral service providers cannot tell consumers that funeral goods (such as caskets or vaults) have protective features or will protect the body from gravesite substances when that is not true.

Federal law requires funeral service providers to make all warranty information available to consumers. Therefore, they must allow the family to read any of the manufacturer’s warranties. However, they should indicate that these claims are made by the manufacturer and not by them.

Example: Mr. Morton has chosen casket A. The funeral service provider should allow him to read the written warranty that the manufacturer offers, but they must not adopt as their own any statement about preservation or protection that they know to be in violation of the Rule.

The funeral service provider may want to inform Mr. Morton that the manufacturer has made certain statements about the product, but that they do not have personal knowledge of the protective value of the merchandise.