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Apparel Group Wants Enforcement on Allegedly Noncompliant Sleepwear

Thursday, September 19, 2013
Sandler, Travis & Rosenberg Trade Report

The American Apparel and Footwear Association is calling on the Consumer Product Safety Commission to do more to enforce the children’s sleepwear flammability standard. In a Sept. 16 letter the AAFA pointed out “the existence of seemingly non-compliant sleepwear that remains on the market and continues to be sold year after year,” which it said “raises fundamental safety issues and creates unfair competitive advantages.”

If in fact the existing rules have been relaxed through non-enforcement, the AAFA said, the CPSC should issue an updated children’s sleepwear regulation. In the meantime, the association is seeking clarification on the following issues.

Lounge pants – whether cotton lounge pants without flame resistant treatment can be marketed to children, how lounge pants are differentiated from sleep pants, and whether manufacturers or marketers can avoid compliance by labeling such garments as “spirit wear,” “comfort wear” or “lounge pants”

Not intended as sleepwear – whether a “not intended for sleepwear” label on a garment marketed online or sold in store with a hangtag, even if the garment looks like sleepwear and is a common sleepwear style/silhouette (e.g., the button-front pajama), is sufficient warning to the consumer, and whether there are any CPSC guidelines on wording, size of tag, type of font, etc. that companies should use

Robes – whether there are any specific guidelines on what does and does not have to be flame resistant and, if so, whether the CPSC can publish and share them

Fabric content – what action the CPSC has taken to address the fact that many children’s sleepwear styles sold online do not list the fabric content information in the description

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