Eight Firms to Pay $320,000 to Settle CPSC Allegations on Children's Drawstring Sweatshirts
The Consumer Product Safety Commission has reached provisional settlement agreements with eight firms in order to settle allegations that the firms' children's hooded sweatshirts or jackets - sold with drawstrings at the hood and neck - did not meet the CPSC's 1996 Guidelines or ASTM F1816-97, failed to comport with the CPSC's May 2006 defect notice, and posed a strangulation hazard to children.
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The eight firms are: Life is Good Inc.; True Religion Apparel Inc.; The Cayre Group Ltd.; DollarDays International, LLC; Kohl's Department Stores Inc.1; Seena International Inc.; Neiman Marcus Group Inc.; and Gildan Activewear SRL.
(The CPSC notices state that in its 1996 Guidelines, CPSC Staff recommended that there be no hood and neck drawstrings in children's upper outerwear sized 2T to 12. In June 1997, ASTM adopted a voluntary standard, ASTM F1816-97, that incorporated these Guidelines. On May 19, 2006, a Staff letter stated the CPSC considers children's upper body outerwear with drawstrings at the hood or neck area to be defective and to present a substantial risk of injury to young children if the ASTM standard addressing this issue (F1816-97) is not followed. If the Staff were to encounter such products, it would seek a recall.)
Eight Firms Agree to Pay Total of $320,000 in Civil Penalties
The CPSC alleges that each of the firms obtained information that the drawstring sweatshirts contained a defect that could create a substantial product hazard or that they created an unreasonable risk of serious injury or death, and each firm knowingly failed to immediately inform the CPSC about the drawstring sweatshirts as required by Consumer Product Safety Act. In agreeing to settle the matters, the firms deny CPSC's allegations that they knowingly violated the law.
The CPSC states that the eight firms have agreed to pay a total of $320,000 in civil penalties to settle the allegations, as follows:
| Company | Civil Penalty |
|---|---|
| True Religion Apparel Inc. | $50,000 |
| Neiman Marcus Group Inc. | $50,000 |
| The Cayre Group Ltd. | $40,000 |
| Seena International Inc. | $35,000 |
| DollarDays International, LLC | $25,000 |
| Life is Good Inc. | $50,000 |
| Gildan Activewear SRL | $35,000 |
| Kohl's Department Stores Inc.1 | $35,000 |
Requests that CPSC Not Accept the Agreement Due by May 14, 2008
Any interested person may ask the CPSC not to accept the agreements or otherwise comment on its contents by filing a written request by May 14, 2008 (with the exception of Kohl's, which has not yet been published in the Federal Register). If the CPSC does not receive any written request not to accept the agreements within 15 days, each of the agreements shall be deemed finally accepted on the 16th calendar day after it is published in the Federal Register.
(See ITT's Online Archives or 11/01/06, 02/26/07, and 09/17/07 news, 06110199 7, 07022699 6, and 07091799 7, for BP summaries of the recalls for The Cayre Group, Gildan, True Religion, Seena, and Life is Good.)
1Kohl's Department Stores Inc.'s provisional settlement agreement has not yet been published in the Federal Register. CPSC sources state that Kohl's agreement is due to be published in the Federal Register the week of April 28, 2008. See future issue of ITT regarding details of Kohl's provisional settlement agreement.
- requests not to accept the agreements and other comments due by 05/14/08
| Dennis Kacoyanis (Gildan) | (301) 504-7587 |
| Seth Popkin (all other firms) | (301) 504-7612 |
CPSC press release 08-254 (dated 04/22/08) available at http://www.cpsc.gov/cpscpub/prerel/prhtml08/08254.html
CPSC Letter (dated 05/19/06) available at http://www.cpsc.gov/businfo/drawstring.pdf
ASTM F-1816 Standard Consumer Safety Specification for Drawstrings on Children's Upper Outerwear, can be ordered from ASTM International (www.astm.org).
CPSC Federal Register notices (D/Ns 08-C0005, 08-C0006, 08-C0007, 08-C0009, 08-C0010, 08-C0011, and 08-C0012, FR Pub 04/29/08) available by scrolling down to the CPSC at http://www.access.gpo.gov/su_docs/fedreg/a080429c.html