The New Jersey State Funeral Directors Association, acknowledging it is likely that the Federal Trade Commission will mandate funeral homes to place their General Price Lists online in some form, has stressed to the FTC that funeral homes should maintain some discretion on whether to engage in online marketing.

Those funeral homes without websites should not be forced to create them, the NJSFDA said in additional comments submitted to the commission following a workshop held on September 7, 2023 to explore changes to the FTC’s Funeral Rule. Those with existing websites, however, should only be required to embed a PDF or a “clearly labeled link directly to the GPL on the home page or main landing page of the provider’s website,” the NJSFDA said.

Any changes to the Funeral Rule concerning the online placement of GPLs should clarify that the exact location of the link or PDF should be left up to the funeral homes, as long as it provides maximum visibility to the consumer. In addition, any business posting its GPL online should be exempted from FTC Undercover Price Shoppers because of the readily available information.

Calling the use of a website a “best business practice” for funeral homes, the NJSFDA nonetheless said that a regulatory body should not mandate that a business create a website so a price list could be posted on it.

“Consumers who engage funeral providers who are not operating in a fashion commensurate with their technological level can select another business that can better respond to them in their desired manner,” the NJSFDA wrote. “In this way, the Rule should not seek to legislate business best practices.”

Calling social media sites “volatile” and saying that funeral providers lack full control of their presence on the platforms, the NJSFDA said that communications and information on social media should not fall under the Funeral Rule.

The workshop drew several funeral service organizations and information clearinghouses, along with consumer groups, all of whom provided input into the FTC’s proposed changes to the Funeral Rule. Several other potential changes were also addressed during the meeting, including:

Basic Service Fees. The NJSFDA is proposing three tiers of non-declinable basic service fees, based on the type of service rendered. Currently, there is only one non-declinable fee, which includes nine basic charges. In addition to the currently non-declinable fee, the NJSFDA said the FTC should allow for a reduced fee consisting of six of the nine charges, which would be used for families requesting immediate burials or direct cremations plus several other goods and services. The association is also proposing a minimum non-declinable fee, consisting of three of the nine charges, which could be used by families that arranged for cremation or burial elsewhere but now wish to engage the funeral home for a memorial service.

The current structure does not allow for pricing flexibility for consumers, the NJSFDA said.

“As clearly articulated by the majority of panelists throughout the day, the inability to appropriately and competitively charge for services that vary greatly between each consumer has become problematic and an unintended price consequence of the ‘non-declinable fee’ originated out of the Rule,” the NJSFDA wrote.

A more detailed explanation of the association's position concerning basic service fees can be found in the January 2023 column by NJSFDA Executive Director and CEO George R. Kelder Jr., CFSP.

Third-Party Fee Disclosures. The NJSFDA argued emphatically that funeral homes should not be forced to disclose third-party crematory fees on their GPLs. In New Jersey, the association pointed out, funeral homes are prohibited from owning and operating crematories (except for a few who are grandfathered in). Therefore, placing crematory fees on GPLs become problematic because crematories can change their pricing at will and with little notice, which would force funeral homes to scramble to update their prices lists quickly and at additional costs. Third-party fees should be the purview of the states, the association said.

Embalming Disclosures. The association supports changes to the Funeral Rule that would require a funeral provider to disclosure their embalming policy. To that end, the NJSFDA suggested language that could be used for funeral homes in states where embalming is required, in states where embalming is not required and in situations where a funeral home has a policy either requiring embalming or prohibiting embalming.

Alternative Forms of Disposition. The NJSFDA stated that the FTC should not consider rules concerning alternative forms of disposition, such as natural organic reduction or alkaline hydrolysis because not all states have legalized these methods.

“In the future, based on consumer acceptance data, consideration could then be given to making disclosure language relating to alternative forms of disposition consistent with any required disclosure language currently in place or being considered for direct cremation and immediate burial,” the NJSFDA wrote.

Read the NJSFDA's comments here.

Body bags are being shipped to Libya after thousands die in flooding. More people in The Netherlands are choosing natural burial. And a family in Georgia is accusing a local funeral home of holding their son’s body hostage over payment for funeral. These stories and more are in the week in funeral news.

NEWS

More People in The Netherlands Are Opting for an Eco-Friendly Burial in Nature
By Dutch News
The number of “nature cemeteries” in The Netherlands is rising as more people opt for a no-frills, eco-friendly burial in designated natural areas, industry figures have shown. Some 2,600 people preferred a natural burial in 2022, compared to just 150 11 years ago, Walter Kooy, chairman of nature cemetery organization Brana, said. Read more here.

Family Accuses Funeral Home of Holding Their Son's Body Hostage
By Cody Alcorn (11 Alive)
The family of a man recently shot and killed outside a motel is accusing a funeral home in Decatur, GA, of holding their son’s body hostage. Read more here.

Risking Lives to Bury the Dead in Omdurman, Sudan
By Zeinab Mohammed Salih (BBC)
With a dramatic escalation in the war in Sudan between the army and paramilitaries, my family buried my 84-year-old grandmother while bullets were flying over their heads at a graveyard in Omdurman, just across the River Nile from Khartoum. Read more here.

Huge Aid Package Including Body Bags Arrives in Libya Amid Fears over Mass Burials
By Niamh Lynch (Sky News)
A huge package of medical supplies, including body bags, has arrived in flood-hit Libya as aid workers urge authorities to stop burying victims in mass graves. Read more here.

New Exhibit Highlights 45 Unmarked Burial Grounds in Florida
By Melissa Marino (News Channel 8)
A new University of South Florida exhibit is exploring erased cemeteries, showcasing the discovery of 45 unmarked cemeteries and burial grounds in Hillsborough County, FL. Read more here.

Missing Man Found Alive Just Before Cremation of Wrongly Identified Body
By NDTV
An 18-year-old man believed to be dead by his family was found to be alive by the police in India just in time, before the wrongly identified body could be cremated by his family, officials said. Read more here.

Funeral Home Employee Wanted on Child Porn Charge in Custody
By Darkhorse Press
Two men, including an employee of a funeral home in Mississippi, were arrested on child pornography charges after police raided a business and a home in Summit, MS. Read more here.

Online registration for the 2023 Funeral Directors Convention and Expo, to be held from October 10 through October 12, 2023 in Atlantic City, will close at 5:00 p.m. September 26.

Those seeking to register online can do so here. Registration will also be available during the Convention, which will be held at Harrah’s Resort in Atlantic City.

There are three different registration options for the 2023 Convention:

The three-day option includes access to up to seven continuing education seminars, plus Exhibit Hall access, the annual Service of Remembrance, General Session and more.

The one-day option provides access to all CEUs, the Exhibit Hall and other scheduled Convention programming on that day.

The Exhibit Hall only registration includes access to the hall on all three Convention days, plus the opening reception.

Tickets for Wednesday night’s Convention Costume Bash, held at The Pool at Harrah’s Resort, can be purchased separately at the time of registration.

More information on the Convention, including a list of scheduled speakers, featured events and details about Harrah’s Resort, can be found on convention.njsfda.org.

Chubenko

Our sincerest condolences to Middlesex and Somerset Funeral Directors Association members Gregory B. Chubenko and Peter M. Chubenko on the death of their mother, Mary Ann Chubenko, who died on September 16, 2023.

Mella

Our sincerest condolences to Essex, Union and West Hudson Funeral Directors Association member Christopher Mella on the death of his mother, Barbara Ann Mella, who died on September 7, 2023.

During the more than 120-year history of the New Jersey State Funeral Directors Association, those who served as president have brought their vision and integrity to the office.

It is, in large part, because of their volunteer leadership that the NJSFDA has a reputation of unparalleled service and advocacy on behalf of the funeral profession, both in New Jersey and nationally.

Through what are often challenging times in both funeral service and society at large, our Past Presidents have led by example, providing the inspiration and motivation for us all to do better and be better. The association is a leader because it has leaders who continue to inspire.

On September 1, 2023, the beginning of the association’s new governance cycle, Alison Perinchief Reinhardt assumed the title of Immediate Past President and Frank R. Galante became the 2023-2024 President of the NJSFDA.

During this transition, the NJSFDA recognizes and offers thanks to all its Past Presidents for their dedication to improving the funeral service profession.

The New Jersey State Funeral Directors Association is being honored with a 2023 Best of Wall Township Award for what the township is calling the association’s “exceptional success in their local community and business.”

The 2023 award was in the association/organization category. The winners of the award are chosen based on information gathered by the award program and through third parties.

“Recognition is given to those companies that have shown the ability to use their best practices and implemented programs to generate competitive advantages and long-term value,” the award program stated in a press release.