The FTC Funeral Rule is a federal regulation enforced by the Federal Trade Commission that governs how funeral homes must disclose pricing and conduct business with consumers. First established in 1984, it is the main federal rule specific to funeral industry practices — though other general consumer protection laws also apply to the industry.
What the FTC Funeral Rule Requires
Funeral providers covered by the Rule must:
Provide a General Price List (GPL). Any consumer who inquires in person about funeral arrangements must be given a written, itemized price list at the start of the discussion — before any prices are quoted or arrangements discussed. The GPL must include specific standardized disclosures defined by the FTC.
Disclose prices over the phone. Funeral homes must provide itemized price information to any person who calls and asks, without requiring them to visit in person first.
Allow itemized purchasing. Consumers have the right to select only the goods and services they want. Funeral homes cannot require consumers to purchase a package as a condition of receiving any particular service.
Accept third-party caskets. If a consumer purchases a casket from an outside retailer, the funeral home must accept it and cannot charge a handling fee or refuse to use it.
Disclose that embalming is not required by law. Before embalming a body, funeral providers must get explicit permission. They must also disclose that embalming is not required by law except in certain special cases, and must inform consumers when refrigeration or other alternatives are available.
Provide itemized statements before finalizing arrangements. Before the conclusion of any arrangement discussion, consumers must receive a written statement listing every good and service selected along with the price of each.
Disclose that outer burial containers are not legally required. In most states, vaults and outer burial containers are not required by law. Funeral providers must disclose this in writing.
Additional Price Lists
Beyond the General Price List, funeral homes may be required to provide:
- A Casket Price List if caskets are offered
- An Outer Burial Container Price List for vaults and grave liners, if not included in the GPL
Consumers have the right to review these lists before making any selections.
Who the Rule Covers
The FTC Funeral Rule applies to funeral providers — defined as any person, partnership, or corporation that sells or offers to sell both funeral goods and funeral services to the public. The Rule is designed for businesses that provide the full range of funeral goods and services together.
Online casket retailers and other sellers that offer only funeral goods — without accompanying funeral services — are generally not covered by the Rule.
Cemeteries are not covered if they sell only burial plots or interment services. Crematories are not covered unless they also sell funeral goods or services directly to consumers.
What the Rule Does Not Cover
The FTC Funeral Rule does not set price ceilings or regulate how much funeral homes may charge. It regulates disclosure and transparency, not cost. State laws may impose additional requirements beyond what the federal Rule mandates.
Embalming and the FTC Funeral Rule
One of the most misunderstood provisions of the Rule involves embalming. Under the Rule, funeral providers:
- May not falsely state that embalming is required by law
- Must disclose that embalming is not required by law except in certain special cases
- Must obtain explicit permission before embalming
In practice, embalming is rarely legally required. In most states where timing or transport requirements apply, refrigeration is an acceptable and commonly available alternative. Consumers should confirm their state’s specific requirements, but declining embalming is a legitimate option in the vast majority of situations.
Enforcement
The FTC Funeral Rule is enforced by the Federal Trade Commission. Consumers who believe a funeral home has violated the Rule can file a complaint at ftc.gov. State attorneys general and state funeral regulatory boards may also have enforcement authority under applicable state law. For the full text of the regulation and official compliance guidance, see the FTC’s Complying with the Funeral Rule.
Key Definitions Under the Rule
Funeral goods: Items sold or offered for sale directly to the public for use in connection with funeral services, including caskets, urns, outer burial containers, and funeral garments.
Funeral services: Services sold or offered for sale to the public for use in connection with the final disposition of human remains, including embalming, cremation, transportation, and the use of funeral home facilities.
General Price List (GPL): The written, itemized price list — including FTC-mandated standardized disclosures — that funeral homes are required to provide to all consumers who inquire in person.
Alternative container: An unfinished wood box or other non-metal receptacle that serves as a legally sufficient container for cremation. Funeral homes that offer direct cremation must make an alternative container available.
Frequently Asked Questions
When was the FTC Funeral Rule established?
The Rule was issued in 1984. The FTC has reviewed it periodically since, including a review completed in 1994 and ongoing regulatory review activity in more recent years.
Can a funeral home charge a fee for using a casket I bought elsewhere?
No. The FTC Funeral Rule explicitly prohibits funeral homes from charging a handling fee or otherwise penalizing consumers for using a casket purchased from a third-party retailer.
Is embalming required by law?
Embalming is not required by federal law and is rarely mandated at the state level. Where state law does impose timing or transport requirements, refrigeration is typically an acceptable alternative. Consumers have the right to decline embalming in the vast majority of situations.
Do online casket retailers have to follow the FTC Funeral Rule?
Generally no. The Rule applies to funeral providers — businesses that sell both funeral goods and services. Sellers that offer only funeral goods, such as online casket retailers, are typically not covered.
Do all funeral homes have to follow the FTC Funeral Rule?
The Rule applies to all funeral providers as defined by the FTC. Cemeteries that sell only interment services and crematories that do not sell funeral goods or services directly to consumers are generally not covered.
Where can I file a complaint against a funeral home?
Complaints can be filed with the FTC at ftc.gov/complaint, with your state attorney general, or with your state’s funeral regulatory board.
