Children s Sleepwear U.S. Interpretation of Items of Children s Loungewear (Sizes 0-14) A White Paper from Bureau Veritas Consumer Products Services

Transcription

1 Children s Sleepwear U.S. Interpretation of Items of Children s Loungewear (Sizes 0-14) A White Paper from Bureau Veritas Consumer Products Services November 2013

2 2013 Bureau Veritas Consumer Products Services, Inc. All rights reserved. No part of this publication or the information contained herein may be reproduced, copied, translated, sold, or distributed in any form or by any means without the express prior written consent of BVCPS Inc. This publication and the information contained herein, other than portions in the public domain or owned by third parties, are the property of BVCPS Inc. and are protected by law, including, but not limited to, U.S. copyright laws and international treaty provisions. BVCPS Inc. has exclusive proprietary rights in the information provided herein. Any unauthorized use of this publication or any part thereof could result in civil and/or criminal claims for damages and penalties. BVCPS Inc. provides the information in this publication as a resource of general information. The information contained herein is subject to change without notice from BVCPS Inc., governments, regulatory bodies, or other industry associations. It does not constitute nor should be deemed to constitute a legal opinion on the subject matter presented, nor does the information contained herein replace any applicable legal or regulatory requirements and is provided as is. BVCPS Inc. does not warrant the accuracy, completeness, timeliness, or availability of any information contained herein. BVCPS Inc. is not liable for any direct, indirect, incidental, special, punitive, consequential or other damages, costs, expenses, legal fees, or losses (including without limitation lost profits, lost income, or lost opportunity costs) of any kind in connection with this publication and/or any use of this publication or information contained herein, or information made available through or referenced by this publication. In connection with this publication and all content herein, BVCPS INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This publication includes references to websites and hyperlinks for the convenience of the reader. These websites and hyperlinks are owned and operated by third parties. BVCPS Inc. does not own or control these third-party websites, and does not guarantee the accuracy, completeness, timeliness, reliability, or availability of any information included within these third-party websites. Access and use of these third-party websites is at the reader s own risk. Third-party trademarks or other intellectual property, used or referenced but not owned by BVCPS Inc., are protected by law. Such third parties have proprietary rights in those trademarks or other intellectual property. Bureau Veritas Consumer Products Services, Inc. (BVCPS) 100 Northpointe Parkway Buffalo, New York

3 Introduction The U. S. Consumer Product Safety Commission (CPSC) has provided guidance and interpretation to the public regarding styles sold as children s loungewear, but which in fact are considered to be sleepwear, since the enforcement of the Children s Sleepwear flammability laws (16 CFR 1615/1616) in The definition of sleepwear in the regulations is somewhat vague. Therefore, the CPSC has provided additional guidance in the form of letters to manufacturers, the public and retailers in the United States. CPSC Definition of Children s Sleepwear The regulations define sleepwear as follows: Children's Sleepwear means any product of wearing apparel up to and including size 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. This definition excludes infant, tightfitting sleepwear, and diapers/underwear. CPSC s Children s Loungewear Policy The CPSC s loungewear policy was defined in subsequent documents to the industry as follows: 1996 and 1998: Letters were sent which addressed two issues that had emanated after publication of the September 9, 1996 Children's Sleepwear Amendments, as follows: Status of Children's Loungewear: The children's sleepwear standards were developed to prevent children's sleepwear from igniting due to exposure to ignition sources such as matches/lighters, candles, kitchen ranges, stoves, space heaters, and fireplaces. Most of the incidents occurred while children were awake and wearing sleepwear or sleep-related items during the evening before bedtime or in the morning around breakfast time. Therefore, children s loungewear is in fact considered to be sleepwear and must meet the requirements of 16 CFR 1615/1616.

4 2008: The CPSC staff stated their intentions to take enforcement action against firms that market children s loungewear which do not comply with the children's sleepwear standards (16 CFR Parts 1615 and 1616). The CPSC staff based this position on the children's sleepwear standards and their background, the definition and trends regarding loungewear, a review of a number of catalogs to see what types of garments were being marketed as loungewear, and where in stores and catalogs loungewear was generally marketed. 2009: In a speech to sleepwear vendors, Mary Toro, Office of Compliance, CPSC, stated, The loungewear for children is considered to be sleepwear. CPSC office of compliance issued a guidance letter in 1996 that was reissued in July of 2008 regarding our enforcement posture on the sleepwear standard as it relates to items marketed as loungewear for children. She went on to say oftentimes we will find garments marketed as leisurewear that does not comply. They are made with cotton flannel that is untreated and will burn quite readily when tested to the sleepwear standard. The sleepwear standard requires that both the fabric, the prototype of garments meaning seams and trim and also finished garments be tested to meet the requirements of the standard. 2010: The Laboratory Manual was issued, and defined terms such as, but not limited to, loungewear. The CPSC gave warning to 55 manufacturers, importers, and retailers that they have an obligation to not introduce a fabric or garment into commerce as children's sleepwear that does not comply with the requirements of the standards. CPSC staff suggested that manufacturers, importers, and retailers segregate fabrics and garments used for children's sleepwear from products beyond the scope of the standards that resemble items of sleepwear. 2011: The CPSC staff stated their intention to take enforcement action against firms that market loungewear items which do not comply with the children's sleepwear standards (16 CFR. Parts 1615 and 1616).

5 Loungewear Characteristics Based on the above guidance, it is clear that loungewear is included in the definition of sleepwear. Typical designs include loose fitting garments, which are made from 100% cotton or other fibers including polyester, are flannel (brushed) and/or plain weave designs. Flannel is a soft woven fabric, of various weights. Flannel is often made from either cotton, synthetic fibers, or wool. Flannel may be brushed to create extra softness or remain unbrushed. Typically, flannel has either a single- or double-sided nap. Double-napped flannel refers to a fabric that has been brushed on both sides. Flannel is commonly used to make sleepwear. Flannel garments are considered to be highly flammable for three reasons: (1) The brushing process raises surface fibers which can ignite readily when exposed to a flame source. (2) If made of cotton, typically lighter weights will burn more readily since it is made of cellulosic fibers. (3) Designs that are loose fit to the body allow more oxygen to support flaming and combustion. Thus these types of products are more highly suspect and have more risk associated with it.

6 Typical designs for pajama pants/ pant sets include the following: More Information This information is being distributed to you to help solidify that loungewear is considered to be sleepwear, and the need for compliance regarding loungewear is due to the high risk associated with these types of products. If you should have additional question regarding a specific style or the overall sleepwear policy, please contact us at info@us.bureauveritas.com. Please provide style details, pictures, garment sizing, fiber content and fabric weight when submitting further questions.

7 About Bureau Veritas and Bureau Veritas Consumer Products Services Since its founding in 1828, the Bureau Veritas Group has consistently built internationally recognized services to help companies better manage their risk and comply with industry standards and government regulations in a variety of industries including consumer goods, marine, industry and facilities, and government services/ international trade. With over 40,000 employees in 900 locations and laboratories in 140+ countries, Bureau Veritas serves large and small organizations around the globe. The Consumer Products Services Division of Bureau Veritas specializes in serving the global consumer product and retail markets, assisting clients around the world to effectively monitor the performance and quality of their products. As a proactive partner, we help companies manage risk, comply with regulations and protect their brand. From apparel and toys to consumer electronics and hard goods, we assist clients around the world with locations in 40 countries supported by more than 9,000 employees and over 35 years of experience.