CPSC Publishes Kohl's Settlement Agreement on on Children's Drawstring Sweatshirts
The Consumer Product Safety Commission has issued a Federal Register notice announcing that it has reached a provisional settlement agreement with Kohl's Department Stores, Inc. in order to settle allegations that Kohl's sales of children's sweatshirts with drawstrings through the hood 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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Seven other firms reached similar provisional settlement agreements with the CPSC: Life is Good Inc.; True Religion Apparel Inc.; The Cayre Group Ltd.; DollarDays International, LLC; Seena International Inc.; Neiman Marcus Group Inc.; and Gildan Activewear SRL. The other seven agreements were previously published in the Federal Register. (See ITT's Online Archives or 04/30/08 news, 08043025, for BP summary.)
(The CPSC notice states 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.)
Kohl's Agrees to Pay $35,000 Civil Penalty
The CPSC alleges that Kohl's 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 knowingly failed to immediately inform the CPSC about the drawstring sweatshirts as required by Consumer Product Safety Act. In agreeing to settle the matter, Kohl's denies CPSC's allegations.
Kohl's has agreed to pay a civil penalty of $35,000. (Altogether, the eight firms have agreed to pay a total of $320,000 in civil penalties to settle the allegations.)
Requests that CPSC Not Accept the Agreement Due by May 16, 2008
Any interested person may ask the CPSC not to accept the agreement or otherwise comment on its contents by filing a written request by May 16, 2008. If the CPSC does not receive any written request not to accept the agreement within 15 days, it shall be deemed finally accepted on the 16th calendar day after it is published in the Federal Register.
CSPC contact - Seth Popkin (301) 504-7612
CPSC notice (D/N 08-C0008, FR Pub 05/01/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-9274.pdf
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).