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Product SafetyCurrent Recalls
For a listing of general recalls please visit the CPSC website.
For a listing of childrenswear apparel and footwear related recalls click here.
Recent News 04.14.08 Washington State Governor Christine Gregoire (D) recently signed off on the Children’s Safe Products Act. The law will go into effect in the summer of 2009 and includes stricter provisions than the pending federal legislation. Of those regulations, chemicals such as lead and phthalates in all children’s products are subject to some of the strictest national standards. In fact, toy industries caution that some toy makers may not be able to sell their products in Washington due to the new standards. However, the Governor did veto a provision requiring the state of Washington to maintain a public database of dangerous chemicals in toys and safe alternatives. In the meantime, Governor Gregoire will create an advisory group of doctors, manufacturers, toy store representatives, toxicologists and children’s advocates to help clarify the provisions of the legislation and develop additional regulations as necessary.
02.11.08
The Senate Commerce Committee recently presented a new draft version of S. 2045, the Consumer Product Safety Commission (CPSC) Modernization Act. The bill stalled in negotiations due to several highly controversial provisions not present in the House bill (passed unanimously before the winter recess.) Some of these provisions include public disclosure of information, State attorneys general enforcement, whistleblower protections, and criminal penalties that include jail time. As a member of the CPSC Coalition, the AAFA continues to monitor negotiations.
02.04.08
On February 1, the Consumer Product Safety Commission (CPSC) voted 2-0 to approve technical improvements to the General Wearing Apparel Flammability Standards. The new standard will be published in the Federal Register in a couple weeks. 01.22.08
The Consumer Product Safety Commission (CPSC) recently published its draft final rule updating the flammability standards for clothing textiles. Because the CPSC quorum is scheduled to expire February 3, the CPSC voted on the standard on January 18. The result was a 2-0 vote to direct the staff to prepare a draft federal register notice. The Commission will have to vote again to approve the notice, which will hopefully happen before the quorum expires.
As was previously reported, discussions on the standard have been ongoing for the past 5 years. The AAFA, alongside its member companies, contributed in the process by commenting on both the proposed notice of rulemaking and the advanced notice of proposed rulemaking and by holding several meetings with the CPSC (most recently, this past summer) to discuss both the existing and proposed flammability standards. The result is a very non-controversial standard. 01.14.08
Acting chairman of the Consumer Product Safety Commission (CPSC) Nancy Nord recently announced that retailers, not just manufacturers, will be expected to better ensure consumer product safety. The agency has historically focused on manufacturers, though Nord said that equal responsibility lies on the manufacturers. Nord also addressed the pending CPSC Modernization Act and detailed plans to expand inspection of imported goods using the newly appropriated funds.
On the Congressional side, before Congress recessed for the holidays, the CPSC Modernization Act (H.R. 4040) passed through the House with a unanimous vote. With the winter recess coming to an end, the Senate hopes to pass the Senate version of the bill (S. 2045) before the February Congressional recess. Senator Pryor does not want to take up the language in H.R. 4040 and negotiations have already begun over some of the more offensive provisions of S. 2045. Following the passing of H.R. 4040, the House Committee of Energy and Commerce issued a committee report on the legislation. The AAFA and other trade associations are concerned over several discrepancies between the language in the bill and the language in the report, namely on provisions of public disclosure, preemption and the implementation of the lead paint standard. In going ahead, the AAFA intends to focus on Senate negotiations to fix the controversial language to not only ensure product safety for consumers, but also fair standards for manufacturers and distributors. 01.07.08
Over 16,000 “Warmest Jacket” boys’ jackets sold by Gap Outlet in the US from September to December 2007 have been recalled by the US Consumer Product Safety Commission (CPSC) because of fears over the safety of their drawstring and toggle even though no incidents or injuries have been reported.
Information on all CPSC recalls can be found on the CPSC website. 12.10.07
The Consumer Product Safety Commission (CPSC) recalled the following childrenswear products in the last week: 1) Old Navy boys’ jackets, 2) Scope Apparel boys’ hooded sweatshirts, 3) Personal Identity children’s sweaters, 4) Basic Editions girls’ clothing sets, and 5) TKS children’s pants All recalls were related to drawstring hazards including entrapment and strangulation. No injuries or deaths related to the products were reported. Information on all CPSC recalls can be found on the CPSC website. 12.03.07
On November 19, the California Attorney General filed a lawsuit against 20 toy manufacturers, distributors and retailers alleging violations of Proposition 65, the California law which requires warnings for the knowing and intentional exposure of individuals to chemicals known to cause cancer or reproductive toxicity.
The suit claims that the toy makers and sellers failed to provide warning that toys distributed in California would expose children and adults to lead. The lawsuit also alleges that distributing the toys without warnings provided these companies with an unfair competitive advantage, in violation of the California Business and Professions Code. The lawsuit follows a series of recalls of toys and other consumer goods announced by the federal Consumer Product Safety Commission, and also seeks the defendants’ compliance with the federal Consumer Product Safety Act’s ban on paint containing lead greater than 0.06 %. Violations of Proposition 65 can result in imposition of civil penalties of up to $2,500 per day for each violation and an injunction requiring the defendants to provide warnings. Business and Professions Code violations can result in a court order for disgorgement of profits and an injunction requiring compliance with legal standards or restricting further sales. 11.27.07
A House Subcommittee last week approved a comprehensive product safety reform bill (HR 4040). The legislation seeks to overhaul the Consumer Product Safety Commission (CPSC) and the various safety statutes the CPSC enforces. It is expected to be considered by the full House in December. A much harsher Senate companion measure (S. 2045) may also see action in the full Senate next month. Although supportive of provisions in these bills that would increase funding and resources for the CPSC, AAFA and other industry associations have raised a number of concerns over approaches in the legislation, including provisions that would undermine the current private sector/public sector partnership that underpins the nation’s public safety system.
11.05.07
The Office of Environmental Health Hazard Assessment (OEHHA), an agency of the California Environmental Protection Agency responsible for administering California Proposition 65 has declined a petition to consider perfluorooctanoic acid (PFOA) for listing on an expedited basis under Proposition 65. The OEHHA determined that any potential developmental and reproductive effects posed by PFOA – a processing aid used to produce materials that are used in certain non-resistant applications in textiles and other products – do not meet OEHHA’s primary screening criterion for consideration for eventual listing in Proposition 65. This decision follows OEHHA’s decision last year, when it evaluated and denied a similar petition to consider and list PFOA as a carcinogen. As it indicated in response to the previous petition, OEHHA again noted that it will continue to monitor any new data relevant to the potential developmental or reproductive toxicity of PFOA.
11.05.07
On October 30, the Senate Commerce Committee approved product safety legislation (S. 2045) that had been introduced by the Senate Consumer Affairs Subcommittee Chair Senator Mark Pryor (D-AR). The legislation now goes to the full Senate for consideration. Several days later, House Commerce Committee Chair Rep. John Dingell (D-MI) and House Consumer Affairs Subcommittee Chair Rep. Bobby Rush (D-IL) introduced a House counterpart and vowed quick action in that chamber. While timing is unclear, conventional wisdom suggests this legislation will indeed be considered quickly.
AAFA as well as many other organizations have spoken out against this legislation. Although there is widespread support for several provisions that provide increased resources and funding for the Consumer Product Safety Commission (CPSC), the business community is strongly opposed to other provisions that undermine the private/public sector partnership that currently exists on product safety. Specific provisions of concern would permit each attorney general to enforce federal safety statutes, significantly increase civil and criminal penalties, create incentives for the reporting of false information and eliminate existing protections for the unauthorized release of confidential business information. AAFA sent its own letter detailing these objections and signed onto a broader industry letter as well. Meanwhile the Administration is expected to release its own plan on product and import safety sometime this week.
09.10.07 8.27.07
Legislation that would ban the sale in California of certain children's products containing phthalates - a chemical plasticizer used to make plastics more flexible and resilient - is pending before the California state Senate following its approval, on a 41 to 34 margin, in the California state assembly last month. Although not banned by the Consumer Product Safety Commission, phthalates, and the articles containing them, have been the target of environmental advocates in California (and other states) because of health concerns. It is unclear if there is enough support in the California state Senate or whether such legislation would be signed into law by Governor Arnold Schwarzenegger. In a related development, California has added one type of phthalate - diisodecyl phthalate (DIDP) - to the list of chemicals governed by Proposition 65 rules. For more information, please contact Jim Bruen, AAFA counsel on Proposition 65 and related environmental concerns, at 415.954.4400. On July 18, the Consumer Product Safety Commission (CPSC) Acting Chair Nancy Nord officially announced her Product Recall, Information and Safety Modernization (“PRISM”) Act proposal that would, among other things, provide CPSC with additional enforcement capabilities, modify the recall process, and create new information and reporting requirements for potentially dangerous products. Both the House and Senate Committees with jurisdiction over the CPSC have indicated their interest in reorganizing select CPSC operations. AAFA is closely monitoring such efforts. For more information and to receive a copy of the PRISM proposal, please contact AAFA's Rebecca Mond at 703.797.9038. 5.23.07 The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Mervyn’s Stores, announced voluntary recall of the following consumer product.
Ellemenno brand Capri pants were recalled by Mervyn’s because the buttons inside the waistband of the pants can detach, posing a choking hazard to young children. The recalled pants were sold in girls' sizes 4, 5, 6, 6X, 7 and 8, and were sold at Mervyns stores nationwide from December 2006 through April 2007 for about $20. For additional information, please contact Mervyns at 800.637.8967, visit its website, the Consumer Product Safety Commission’s website or contact AAFA's Rebecca Mond 4.12.07
On Friday, March 23, the Consumer Product Safety Commission (CPSC) published a Federal Register notice providing a technical correction to the Standard for the Flammability of Children’s Sleepwear: Sizes 0 Through 6X. The technical correction was prompted by a need to correct a measurement in a table in final regulations which were published 8 years ago and to correct several typographical errors in the standard. The corrections became effective on March 23, 2007. (Steve Lamar)
3.12.07
The U.S. Consumer Product Safety Commission (CPSC), in cooperation with H&M and Cobmex Inc., announced voluntary recall of the following consumer products. Consumers should stop using recalled products immediately unless otherwise instructed.
The H&M jackets have an attached compass that can break, posing a choking hazard for young children. Also, the liquid mineral oil, inside the compass is harmful if ingested. This product is a boy’s cotton canvas jacket and made exclusively for children sizes 18M to 6Y. They have style number 93196 written on the care label, and were sold nationwide at H&M stores from February 2006 through October 2006 for $30. For more information, please contact H&M Stores toll-free at 877.439.6261 or go to the firm's website. To see this recall on CPSC's web site, including pictures of the recalled products, please go to the CPSC website. Cobmex Inc. of Lakewood California is recalling youth-size jackets that have a drawstring posing a choking hazard. The jackets have a Cobmex neck label and were manufactured in various colors including navy, black, green, red and wine, and were sold at Children’s clothing and school uniform stores nationwide from January 2006 through February 2007 for about $30. For additional information, please call Cobmex toll-free at 877.926.2639 or visit the Cobmex website. To see this recall on CPSC's web site, including pictures of the recalled products, please go to the CPSC website. 3.5.07
On March 1, the White House announced the nomination of Michael Baroody as chairman for the Consumer Product Safety Commission (CPSC). Baroody is Executive Vice President of the National Association of Manufacturers (NAM), where he has worked since 1990. Noting that Baroody would be a tremendous asset to the CPSC, AAFA President & CEO Kevin M. Burke sent a letter to the Senate Commerce Committee urging support for a swift confirmation. If confirmed, he would fill the vacancy left by Hal Stratton Jr., who left the CPSC in July 2006.
2.22.07 The Consumer Product Safety Commission (CPSC), in cooperation with the firms named below, last week announced voluntary recalls of the following consumer products. Consumers should stop using these recalled products immediately unless otherwise instructed.
(1) Boy's Jackets, Samara Brothers LLC, of New York, NY - The snap closures on the jacket have excessive amounts of lead, which poses a lead poisoning hazard. This recall involves boy's outerwear jackets with a Carter’s- brand logo on the front. Sizes involved in this recall are Toddler sizes 2T to 4T, and Boy’s sizes include S, M and L. The items were sold at major department stores and discount department stores nationwide. (2) Children’s Hooded Sweatshirts and Windbreakers, Vacation Clothing - The hooded sweatshirts and windbreakers, sold in sizes S to XL, have a drawstring through the hood that pose a strangulation hazard to children. The hooded sweatshirts were sold in pink, white, light blue, yellow, navy and gray. The nylon windbreakers were sold in royal blue, olive, pink, light blue and navy. A tag sewn inside of the garments reads, “Basix USA.” They were sold at discount department stores nationwide. 2.12.07 Last week, the Consumer Product Safety Commission (CPSC), in cooperation with Meijer Stores, announced a voluntary recall of toddler pants sets manufactured by G & W Industries of New York, NY.
The garments have a zipper on the jacket that can detach and pose a strangulation hazard. This recall involves “Little Lass” toddler pants sets sold with a velour jacket and pants, and a tee-shirt. The sets were sold in red and black, and have the words 'Snow Angel' printed on the front of the jacket. The sizes involved in this recall are 2T, 3T and 4T, and were sold at Meijer Stores from October 2006 to December 2006 for about $20. Consumers should return the product to Meijer Stores for a full refund, and should stop using the product unless instructed otherwise. 1.17.07
The U.S. Consumer Product Safety Commission (CPSC), in cooperation with the firms named below, last week announced a voluntary recall of Children's Hooded Sweatshirts with Drawstrings made by Seena International, of Yaphank, N.Y. The garments have a drawstring through the hood, posing a strangulation hazard to children. This recall involves children's fleece hooded sweatshirts, sizes 8-12. The sweatshirts were sold in black, brown, blue, red, grey, white and off-white. The words "BKLYN Xpress" and "Brooklyn Xpress" and various graphic designs are embroidered on the sweatshirts. The sweatshirts were sold at various clothing stores, including Ross Stores & Gordman's, from September 2006 through December 2006 for about $25. Consumers should stop using recalled products immediately unless otherwise instructed. This recall is published on CPSC's website.
12.20.06
The U.S. Consumer Product Safety Commission (CPSC), in cooperation with the firms named below, announced voluntary recalls of the following consumer products. Consumers should stop using recalled products immediately unless otherwise instructed.
(1) 6500 Children's Boots made by "See Kai Run" of Woodinville, Washington - The metal snaps on the side closure of the boot can detach, posing a choking hazard to young children. This recall involves the "Ellis" children's boot sold in pre-walk and toddler sizes 3 through 9. The boots are black with white stitching and were sold with either leather or faux fur lining. "See Kai Run" is written on the sole and insole of the boots. "Ellis - FF" or "Ellis - L" is written on the side of the shoe box under the Style heading. No other styles or models are included in this recall. (2)"Baby greendog" girl’s knit coveralls - The snaps on the legs of the coveralls can detach, posing a choking hazard to young children. The coveralls are off-white with long sleeves. There are pastel stripes on the sleeves and legs, and a floral motif on the right-hand side of the chest. It was sold with the matching striped cap. The coveralls were sold in sizes 0-12 months. Style number 1053EGR410 is printed on the hang tag. The coveralls are distributed in Macy's and there are currently about 500 units. (3) Black Dog Tavern Company Inc. - Recalled 9,700 children’s hooded sweatshirts, which have a black dog on the front and are sold in youth sizes up to size 12. The drawstrings through the hood pose a strangulation hazard. Sweatshirt colors include navy blue, gray, red, pink, black or oatmeal. "The Black Dog," "Est. 71," or "The Black Dog/Martha's Vineyard" are printed on the back of some of the sweatshirts. An expanded recall includes additional sweatshirts erroneously sold since the original February 2006 recall announcement. Consumers should immediately remove the drawstrings from the sweatshirts to eliminate the hazard. These recalls, including pictures of the products, are available on the CPSC website. 10.30.06
On October 26, the U.S. Consumer Product Safety Commission (CPSC), in cooperation with Wal-Mart, announced a voluntary recall of about 14,000 Minnie Mouse Cardigan Sets. The pink cardigan is sold as part of a three-piece set which also includes a light pink turtleneck and denim pants. The cardigan has a pink ribbon woven around the neckline. Minnie Mouse is embroidered on the lower left front of the cardigan. The cardigan was sold in sizes 12M, 18M, 24M, 3T, 4T and 5T. Although no incidents or injuries have been reported, if the cardigan is buttoned, the ribbon woven around the neckline poses a strangulation hazard for children. Consumers should take the recalled cardigan away from children immediately and return the entire three-piece set to Wal-Mart for a full refund.
AAFA Product Safety Testimony/Comments and News
12.20.06
After a long delay, the Consumer Product Safety Commission (CPSC) is resuming work on the regulations to update the Clothing Textiles Standard (16 C.F.R. Part 1610 Standard for the Flammability of Clothing Textiles). On December 8, Commissioners authorized CPSC staff to prepare a Federal Register notice that will solicit new comments on recommendations the CPSC staff have made with respect to comments it received from an earlier Advanced Notice of Public Rulemaking (ANPR). At this point, we expect the Commission to issue a new Federal Register notice near the end of January 2007 with comments due sometime in April. To view a copy of the briefing package the CPSC staff prepared with respect to this issue, please visit the CPSC website. AAFA had commented on the earlier ANPR and expects to submit comments in connection with this Federal Register notice as well. To see other comments associated with the earlier ANPR, including those submitted by AAFA, please visit the CPSC library website.
8.28.03
AAFA and the American National Standards Institute (ANSI) Z41 Accredited Standards Committee for Performance Requirements for Protective Occupational Footwear (ANSI Z41) sent an October 1 letter to the Occupational Safety and Health Administration (OSHA) strongly opposing OSHA’s proposed slip resistance standards for occupational footwear. While agreeing that slips and falls are one of the greatest causes of industrial accidents in the United States, the letter expresses concern that the 0.5 Coefficient of Friction (COF) requirement proposed by OSHA does not reference either a particular test method, nor has any research to confirm that such a COF (depending on the test method) would have any beneficial results. A number of studies were conducted by members of ANSI Z41 and the American Society for Testing and Materials’ (ASTM F13) Committee on Pedestrian/Walkway Safety and Traction for Footwear. The result of these studies found that each of the four slip testers currently in use produces dramatically different COF results under the same exact conditions. Furthermore, there is no evidence that any of these slip meters accurately simulate actual human ambulation. Therefore, the letter urges OSHA to suspend its proposed rule and, instead, work with ANSI Z41, ASTM F13 and AAFA to develop a single standard test method that accurately reflects actual human ambulation.
2.13.03
On February 13, 2003, AAFA released a side by side comparison of U.S. drawstring standards.
12.6.02
On November 12, AAFA filed comments with the Consumer Products Safety Commission (CPSC) regarding its Advanced Notice of Proposed Rulemaking (ANPR) on the flammability standards for wearing apparel. The standard, written in 1953, has become outdated in many respects. In its comments, AAFA reminds the CPSC that while the standard needs technical updating, it has been working correctly in the years since it was adopted. AAFA's comments focused on the technological advances in testing procedures and equipment as well as suggestions on clarification and organization.
AAFA Comments to CPSC in response to the Petition Requesting Rule Regarding Product Registration Cards for Products Intended for Children filed by the CFA.
3.2.01
Comments to CPSC in response to Policy Guidance for International Operations
3.5.01
Comments submitted to CPSC on a proposed " “policy statement on reporting information about potentially hazardous products distributed outside the United States"
6.21.00
Comments Submitted to CPSC on Petition to Declare Natural Rubber Latex and Products Containing Natural Rubber Latex a Strong Sensitizer
4.22.99
Testimony Before the CPSC in Response to its Proposed Revocation of the Snug-fitting and 0-9 Month Exemptions for Children's Sleepwear
3.22.99
Statement Submitted to the CPSC in Response to its Proposed Revocation of the Snug-Fitting and 0-9 Month Exemptions for Children's Sleepwear
2.15.99
6.16.98 Comments on Proposed Technical Changes to Standard for the Flammability of Children's Sleepwear; Sizes 0-6x; Standard for the Flammability of Children's Sleepwear: Sizes 7-14
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