CPSC Reminds Children's Sleepwear Industry of Compliance Obligations
On December 23, 2011, the Consumer Product Safety Commission sent a letter to manufacturers, distributors, importers and retailers of children’s sleepwear to restate the agency’s sleepwear policy, position on children’s loungewear, and to remind them of their obligations under the Consumer Product Safety Improvement Act of 2008 (CPSIA).
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Children’s Sleepwear Standards Developed to Prevent Ignition
CPSC states that the children’s sleepwear standards were developed to prevent such products from igniting due to exposure to ignition sources such as matches/lighters, candles, ranges, stoves, space heaters, and fireplaces. It also notes that most of the ignition incidents occurred while children were awake and wearing sleepwear or sleep-related items.
CPSC’s regulations define the term “children’s sleepwear” to include any product of wearing apparel (in sizes 0-14), such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping, except: (1) diapers and underwear; (2) “infant garments,” sized for a child nine months of age or younger; and (3) “tight-fitting garments” that meet specific maximum dimensions.1
CPSC Considers Loungewear to Be Sleepwear, Will Take Enforcement Action
In the 1990s, a category of products called “loungewear” was introduced into the children’s market. CPSC staff views children’s “loungewear” (or other similar garments marketed as comfort wear) as garments worn primarily for sleep-related activities. Therefore, “loungewear” must comply with the children’s sleepwear standards.
CPSC states that it intends to take enforcement action against firms that market loungewear items that do not comply with the children’s sleepwear standards (16 CFR Parts 1615 and 1616).
Kid’s Sleepwear Must Be 3rd-Party Tested, Certified, Have Tracking Label, Etc.
The letter also includes a summary of the CPSIA requirements for manufacturers and importers of children’s sleepwear sold online or in stores. These requirements include tracking labels; a certificate of compliance based on third-party testing; complying with the requirements for phthalates; complying with the limits on lead content and lead in surface coatings on snaps, zipper pulls and elsewhere on the product; etc.
Fines & Prison Apply to Violative Sleepwear, those Lacking Tracking Labels/Certs
CPSC reminds the trade that it is a violation of federal law to manufacture for sale, sell, offer for sale, import, and/or distribute garments that are subject to and fail to meet the children’s sleepwear standards. It adds that any person who fails to comply with the requirements of section 14 of the Consumer Product Safety Act (e.g., the tracking label and certification requirements) is committing a Prohibited Act under section 19(a)(1) of the CPSA.
Such prohibited acts are subject to fines of up to $100,000 for each violation not to exceed a maximum of $15 million for any related series of violations, and imprisonment for not more than five years, or both. CPSC adds that the maximum penalty increases to $15.15 million after January 1, 2012.
In addition, firms could be subject to injunctive action or the products could be subject to seizure to prevent further distribution of violative products.
1Although the exceptions are exempt from the children’s sleepwear standards, they must still meet the flammability requirements for clothing textiles, 16 CFR Part 1610 (or vinyl plastic film 16 CFR Part 1611).
CPSC press release, dated 12/23/11, available here.
Children’s sleepwear standards available here.