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FTC Misrepresentation Rules on Embalming

Funeral service providers cannot tell consumers that state or local law requires embalming if that is not true. If state law does require embalming, the funeral service provider may tell the family that embalming is required due to the specific circumstances.

Example: The state law requires either refrigeration or embalming after a certain period of time. If the funeral service providers have refrigeration facilities available, they must give the consumer the option of either refrigeration or embalming.

The funeral service providers also must tell the consumer in writing that embalming is not required by law except in special circumstances, if relevant. They do this by including the mandatory embalming disclosure on their GPL.

Note: Funeral service providers are required to make this disclosure to all consumers, even if embalming is necessary.

Unless state or local law requires embalming, the funeral service provider may not tell consumers that embalming is required for practical purposes in the following situations:

• When the consumer wants a direct cremation;
• When the consumer wants an immediate burial; or
• When refrigeration is available and the consumer wants a closed-casket funeral with no formal viewing or visitation.

Example: A family wants to arrange a funeral with a formal viewing. The funeral will take place three days after death has occurred on a hot summer day. Your state does not require embalming. The funeral service provider doesn't have refrigeration facilities. In this situation, the funeral service provider can tell the family that the funeral home requires embalming as a practical necessity to delay decomposition of the remains and to preserve them for viewing. They may not tell the family that the law requires embalming because this is not the case.

Example: A family wants to arrange an immediate burial, but does not want to pay for embalming. Embalming is not required by your state. Before burial takes place, one family member wants to look briefly at the deceased by lifting the lid of the casket. Here, the funeral service provider may not tell the family that embalming is required. The request to see the deceased does not constitute a formal viewing.

In situations like the above, the funeral service provider also cannot require the family to pay for "other preparation of the body," if they decline.