The US Consumer Product Safety Commission held a seminar on the Flammable Fabrics Act (FFA) and Federal Hazardous Substances Act (FHSA).

1. This presentation was prepared by CPSC staff, has not been reviewed or
approved by, and may not reflect the views of the Commission. 1
Children’s Sleepwear Seminar
Mary Toro
U.S. Consumer Product Safety
Commission
December 2016

2. Seminar Overview
2
 Welcome
 Housekeeping Notes
 Morning Seminar Agenda
 CPSIA
 Requirements for Children’s Products
 Best Business Practices
 Children’s Sleepwear Session

3. CPSC Organization*
*This is a simplified functional organization chart that does not include many key support groups within the
CPSC, including Administration, Human Resources, Information Services, Budget, Planning, Inspector
General, Equal Employment, Office of the Secretary, and Congressional Affairs.

4. CPSC Jurisdictional Authority
Jurisdictional Authority from several Acts:
 Consumer Product Safety Act (CPSA)
 Federal Hazardous Substances Act (FHSA)
 Flammable Fabrics Act (FFA)
4

5. Consumer Product Safety Act
 Enacted in 1972, the CPSA is CPSC’s umbrella
statute.
 CPSA
 Established the agency
 Defines basic authority
 Authorizes CPSC to develop standards and bans
 Gives CPSC the authority to pursue recalls and to
ban products under certain circumstances
5

6. Consumer Product Safety Improvement
Act
Amendment to the statutes under which
CPSC’s authorities are executed.
CPSIA
 Established new consumer safety mandates
 Reauthorized the CPSC
 Amended civil penalties
 Imposed new mandatory requirements for
consumer products for both non-children’s
products (adult) and children’s products
6

7. Consumer Product Safety Improvement
Act
Many of the requirements are specifically for
children’s products and child care articles.
Children’s products: Designed and intended
primarily for children 12 years or younger.
Child care articles: Used to facilitate sleeping
and feeding for children 3 years or younger.
Additional requirements for child care
articles.
7

8. Consumer Product Safety Improvement
Act
Key Chemical Requirements
 Lead content and lead surface coating limits must
be met
 Phthalate limits for child care articles (for children
3 and under) and for children’s toys
Key Procedural Requirements
 CPSC-accepted accredited laboratory
 Certification
 GCC or CPC
 Tracking labels
8

9. CPSIA - Lead Requirements
9
Total Lead Content
 Children’s products
 Limits total lead in accessible parts to 100 ppm
Lead in Paint and Surface Coatings
Phthalate limits
www.cpsc.gov/lead

10. CPSIA Lead - Clothing and Textiles
10
 Lead content and surface coating limits must be met
for certain accessible components of textile products,
clothing, and clothing accessories.
 Buttons, snaps, grommets and zippers must meet
total lead content requirements.
 Painted buttons and snaps, painted zippers, heat
transfers, and screen prints are subject to the lead in
surface coating ban.
 Inaccessible lead component parts are exempt.
 Component part testing

11. Lead Determinations - Textiles
16 CFR Section 1500.91: Certain materials will
not exceed lead limits
 Includes dyed or undyed textiles and
nonmetallic thread
Does not require third party testing
11

12. Screen Printing
12
 Screen printing—generally considered to be a surface
coating
 Subject to the lead in paint and surface coating limits
(90 ppm)
 Compliance and Testing
 Test finished product at accredited
CPSC-accepted laboratory
 Component part testing—Obtain testing results or
CPC from print ink, paint, pigment supplier
 Screen printing on children’s sleepwear for children
under 3 (child care article) subject to phthalate
requirements

13. Phthalates - Child Care Articles
13
 Phthalates are chemical plasticizers that are often used in the
production of many types of plastics, certain inks, paints, and other
products.
 Six types of phthalates are prohibited in toys and child care articles:
 Three types permanently banned (DEHP, DBP, BBP) in any amount
greater than 0.1 percent (computed for each phthalate,
individually)
 Three types interim banned (DINP, DIDP, and DnOP)
 Applies to:
 Plasticized component parts in toys and child care articles
 Accessible component parts
www.cpsc.gov/phthalates

14. Testing - Children’s Products
14
 Children’s products must be tested by an accredited
CPSC-accepted third party laboratory.
 Types of third party testing for Children’s Products:
 Initial Testing
 Material Change Testing
 Periodic Testing
 Component Part Testing
 Children's Product Certificate (CPC) based on passing
results of the third party testing
www.cpsc.gov/testing

15. Children’s Product Testing
15
 Initial Testing/Certification: Tested for compliance with
applicable children’s product requirements.
 Material Change/Reissue Certification: Tested when
product design, manufacturing process, or component part
changes.
 Periodic Testing: Tested on the continuing production of a
children's product to ensure continued compliance over
specified time frames.
 Component part testing may be used to support the testing.

16. Component Part Testing
16
 Allows testing of component parts:
 Manufacturers and importers may use test
results or certification from component part
supplier
Exercise due care:
 Ensure validity of results
 Documentation and access to records
 CPSC-accepted third party laboratory
Component part testing may be sufficient for a
material change to only one component.

17. Sleepwear Testing and CPSIA
17
 Periodic Testing of the flammability
portion of Children’s Sleepwear is met
through required production testing in
the standard.
 Other notions, components, things subject
to lead and phthalates are covered under
the periodic testing requirements.

18. Small Batch Manufacturers
18
Small Batch Manufacturers
 Total gross revenue from prior year is $1 million
or less
 Manufacture no more than 7,500 units of the same
covered product
Must register and apply
 Issued a number by CPSC
 Registration required each year
Exclusion from some third party testing requirements
for children’s products
http://saferproducts.gov/SmallBatchManufacturers/

19. Children’s Product Certificate (CPC)
19
 Manufacturers and importers of
children’s products must certify, in a
written Children’s Product Certificate
(CPC) based on test results from a
CPSC-accepted laboratory, that their
children’s products comply with
applicable children’s product safety
rules.

20. CPSIA - Tracking Information
20
A tracking label must contain certain basic
information, including:
 The name of the manufacturer or private
labeler;
 The location and date of production of the
product;
 Detailed information on the manufacturing
process, such as a batch or run number, or
other identifying characteristics; and
 Any other information to facilitate
ascertaining the specific source of the
product.

21. Product Safety Concerns
Products that fail to comply with a mandatory
safety standard or ban under the Acts
Products that fail to comply with voluntary
standards, and Commission staff has
determined such failure to be a substantial
product hazard
Product defects that could create a substantial
risk of injury to the public
21

22. Reporting Requirements
The manufacturer, importer, retailer, and
distributer is required to report immediately
upon obtaining information that reasonably
supports the conclusion that a product:
 Fails to meet a rule, regulation, standard, or
ban under any statute enforced by the CPSC
 Contains a defect which could create a
substantial product hazard, or
 Creates an unreasonable risk of serious
injury or death
22

23. Violations/Prohibited Acts
The statutes make it unlawful to:
 Manufacture for sale, sell, offer for sale,
distribute, or import any product that does
not comply with a mandatory standard or
ban under any act the Commission enforces;
 Fail to report information as required by
section 15(b) (CPSA);
 Fail to certify;
 Fail to include tracking labels when
appropriate; and
 Sell any recalled products.
23

24. Enforcement and Surveillance
Compliance Programs
 Firm Inspections
Complaints
 Industry, Consumers, Government Agencies
Retail Surveillance/Internet Surveillance
Reports from Manufacturers and Retailers
Import Entry Points
 Ports and Airports
Industry Tradeshows
Sample Collections
24

25. Import Surveillance CPSC/U.S. Customs
Access to Customs Databases
 Identify shipments of goods into the U.S.
 Identify dates of arrival for shipments
 Selective enforcement
 Target key products and firms based
upon previous violations
25

26. Regulated Products - Corrective Actions
Violation of mandatory standard, ban, or rule,
or regulation
 Corrective Actions, Recalls
 Seizure
 Injunction
 U.S. Customs action/Refuse admission
 Penalties
26

27. Children’s Sleepwear Recalls
27

28. Top Violations FY2012-FY2016
31%
15%
11%
7%
6%
4%
3%
3%
Sleepwear
Flammability,
347, 3%
2%
15%
Lead
Tracking Label
Pool/Spa Drain Cover
Small Parts/Balls
Phthalates
Third Party Certificates
Cribs
Fireworks & Pyrotechnics
Sleepwear Flammability
Poison Product Packaging/Labeling
Other

29. Sleepwear Violations by Violation Code
FY2012-FY2016
220
85
24
15 3
Sleepwear Flammability
Failure
Exceeds Tight-Fitting
Dimensions
Sleepwear Labeling
Sleepwear Policy
Other Children's Sleepwear

30. Recalls by Violation
FY2012-FY2016
Sleepwear
Flammability ,
65, 33%
17%
10%
7%
5%
5%
4%
4%
3%
3%
9%
Sleepwear Flammability
Lead
Poisonous Product
Packaging/Labeling
Mattress Flammability
Clothing Flammability
Bicycle Helmets
Pool/Spa Drain Covers
Durable Nursery Products
Fireworks & Pyrotechnics
Small Parts

31. Sleepwear Recalls by Violation
Code FY2012-FY2016
46
17
1 1
Sleepwear Flammability Failure
Exceeds Tight-Fitting Dimensions
Sleepwear Labeling
Sleepwear Policy

32. Lauren Kleinman
Trial Attorney
Office of General Counsel
Division of Compliance
FOR OFFICIAL USE ONLY
This presentation has not been reviewed or approved by the
Commission and may not reflect their views.
Penalties Available Under the
Flammable Fabrics Act

33. Civil Penalties Under the FFA
Under section 5(e) of the FFA, any person who
knowingly violates a regulation or standard
issued under section 4 of the FFA, 15 U.S.C. § 1193,
shall be subject to a civil penalty not to exceed
$100,000 for each such violation. The Commission
may seek a civil penalty of up to $100,000 per
violative product, up to a maximum penalty of
$15.15 million for any related series of violations.
(76 Federal Register 71554-55, November 18, 2011)
 Effective January 1, 2017, the new adjusted maximum
civil penalty amounts are $110,000 for each violation,
and $16,025,000 for any related series of violations.

34. Definition of “Knowingly”
The term “knowingly” is defined in
section 5(e) (4) of the FFA, 15 U.S.C. §
1194.
 Knowingly means (A) having actual
knowledge, or (B) the presumed having of
knowledge deemed to be possessed by a
reasonable person who acts in the
circumstances, including knowledge
obtainable upon the exercise or due care to
ascertain the truth of representations.

35. Civil Penalty for Sale of Flammable
Children’s Sleepwear
In May 2001, Federated Department Stores,
Inc., of Cincinnati, OH, agreed to pay an
$850,000 civil penalty to settle CPSC charges
that it knowingly sold flammable garments
as children’s sleepwear.
 CPSC charged that on numerous occasions from
January 1999 through January 2000, Federated
Department Stores sold, offered for sale or
imported about 600,000 loose-fitting, 100-percent,
untreated cotton garments that were marketed,
promoted or designed as children’s sleepwear or
robes.

36. Civil Penalty for Sale of Flammable
Children’s Sleepwear, Cont.
 The garments were sold on racks in children’s
sleepwear departments/sections with or next to
garments specifically labeled as sleepwear. Retail
sales clerks told CPSC investigators that the garments
were sleepwear.
 In addition to paying the penalty, Federated
Department Stores initiated a program that included
the following:
 Tag or sticker all children’s sleepwear on the sales floor so
that it is clearly and easily distinguished from playwear
and underwear; and
 Implement a comprehensive children’s sleepwear training
program for Federated Department Store employees.

37. Civil Penalty for Sale of Flammable
Children’s Sleepwear, Cont.
In August 2001, The Limited Inc., of
Columbus, OH, and its subsidiary, Mast
Industries, of Andover, MA, agreed to pay
a civil penalty of $500,000.
 The penalty settled CPSC allegations that the
companies violated the FFA by knowingly
importing and selling flammable children’s
sleepwear.

38. Civil Penalty for Sale of Flammable
Children’s Sleepwear, Cont.
CPSC alleged that The Limited and Mast
placed children at risk by knowingly
importing and selling through Limited
Too stores (an independent retail chain
formerly owned by The Limited) 100
percent polyester pajamas with a satin
finish and 100 percent polyester fleece
bathrobes that failed to comply with
federal sleepwear flammability standards.

39. Criminal Penalties Under the FFA
Under section 7 of the FFA, 15 U.S.C. §
1196, violation of sections 3 or 8(b) of the
FFA or failure to comply with section 15(c)
of the FFA is punishable by:
 Imprisonment for not more than five years for a
knowing and willful violation;
 a fine; or
 both.

40. Criminal Penalties Under the FFA,
Cont.
• Criminal penalties to include asset forfeiture: (1) In addition
to the penalties provided by § 7, the penalty for a criminal
violation of this Act or any other Act enforced by the
Commission may include the forfeiture of assets associated
with the violation. (2) In this subsection, the term “criminal
violation” means a violation of this Act or any other Act
enforced by the Commission for which the violator is
sentenced to pay a fine, be imprisoned, or both.
• The Criminal Fine Improvements Act of 1987, Pub. Law 100-
185, [18 U.S.C. § 3571] increased maximum criminal penalties
under the FFA to $100,000 for individuals and $200,000 for
organizations; unless a death occurred, in which case the
maximum fine is $250,000 for individuals and $500,000 for
organizations.

41. Criminal Case Under the FFA
In 1993 Denton Mills, Inc., the U.S. Attorney for
the Northern District of Mississippi charged that
Denton Mills shipped to retail constomers
approximately 1,200 pairs of children’s pajamas
that the firm had tested and found to fail CPSC
flammability regulations.
 The firm pled guilty to a five-count criminal
information alleging violations of federal law and
regulations that ban flammable clothing. Under the
plea agreement, the firm agreed to pay a $100,000
criminal penalty.
Criminal penalties are available and CPSC has
pursued them where warranted as in this case.

42. Business Panel
42

43. 43

44. Interactive Questions with
Paige Witzen and Carrie Carlin
44

45. Which garment is considered sleepwear?
1. 2.
45

46. Which garment silhouette appears to be
traditional sleepwear?
1. 2.
46

47. Which garment appears to be tight fitting?
1. 2.
47

48. Can tight-fitting children’s sleepwear
garments have a hood?
1. Yes 2. No
48

49. What type of children’s sleepwear requires
a hangtag?
1. Tight-Fitting Garments
2. Traditional Sleepwear
3. Robes
49

50. 50
Is an FPU or GPU number required on
traditionally styled children’s sleepwear
garments?
1. Yes 2. No

51. 51
Are there mandatory labeling requirements for
children’s sleepwear?
1. Yes 2. No

52. When is a sleepwear garment subject to the
phthalate requirements or limits?
1. Sized for children 14 and under
2. Sized for children 3 and under
3. All children’s sleepwear
52

53. If your tight-fitting children’s sleepwear
garments are sold directly to consumers in a
properly labeled package, do they also require a
hangtag?
1. Yes 2. No
53

54. Are certain fabrics composed of specific
fibers exempt from the testing
requirements for children’s sleepwear?
1. Yes 2. No
54

55. Is there a hangtag requirement that states a
garment is flame resistant or flame retardant?
1. Yes 2. No
55

56. Which item below would be defined as trim
under the Standards and requires testing?
1. Screen Print
2. Spaghetti Strap
3. Neck Label
4. Hangtag
5. Trim less than 2 inches
6. Zipper
56

57. Would a sleepwear garment sized 6-12 months
require testing under the Sleepwear Standard?
1. Yes 2. No
57

58. Can tight-fitting sleepwear garments be
offered exclusively in small, medium, and
large sizes?
1. Yes 2. No
58

59. Do tight-fitting children’s sleepwear
garments require measurement by a CPSC-
accepted accredited third-party laboratory?
1. Yes 2. No
59

60. 60

61. This presentation was prepared by CPSC staff, has not been reviewed or
approved by, and may not reflect the views of the Commission. 61
Children’s Sleepwear Seminar
Allyson Tenney
U.S. Consumer Product Safety
Commission
December 2016

62. Seminar Overview
62
 Welcome Back
 Afternoon Seminar Agenda
 Requirements and Testing
 Testing and Laboratory Panel
 What to Expect When You’re
Inspected
 Closing Remarks and Q & A

63. Sleepwear Standards
and Testing
Requirements
63

64. Children’s Sleepwear Standards
Mandatory Federal Standards
Developed in the early 1970s
 Two size ranges
0 – 6X
7 – 14
 Scope – protect children from small
open-flame sources
64

65. Children’s Sleepwear Standards
Intent of the Standards
Risk of Injury
Reduce risk of personal injury or
death
Contact with a small ignition source
Not intended to protect against large
fire sources
65

66. Children’s Sleepwear Standards
Test Method – Good Predictor of
Flammability Performance
 The Standards require that the test
specimen must self-extinguish.
 In general, many polyester fabrics self-
extinguish.
 Unless treated, cotton and cotton
blends do not meet the flammability
requirements.
66

67. Children’s Sleepwear Standards
Standards have been amended over the
years
Sampling Plans
Residual Flame Time
Testing Trim
Laundering Procedures
Tight-fitting and Infant Garments
67

68. Children’s Sleepwear Standards
Tight-fitting Garments
 Sizes - Larger than 9 months to size 14
 Garments must not exceed maximum
dimensions specified for each size
 Labeling rule
Hangtag
Permanent Label
68

69. Children’s Sleepwear Standards
 Infant Garments
 Sized 9 months or smaller
 The Amendment requires that Tight-
fitting Garments and Infant Garments
meet the flammability requirements
found in the General Clothing Textile
Standard
69

70. Children’s Sleepwear Standards
Cleared Testing Video Clip
70

71. 71
Testing

72. 16 CFR Parts 1615 & 1616- Standards for The Flammability
of Children’s Sleepwear
Children’s sleepwear means any product
of wearing apparel intended to be worn
primarily for sleeping or activities
related to sleep in sizes 0 through size 14.
Nightgowns, pajamas, robes, or similar
or related items (such as loungewear) are
included.
72

73. Tests of fabric, seams, trim and garments.
Each test sample consists of five
specimens.
Tests conducted in original state and after
50 laundering cycles (if the sample passes
the original state test)
Tested samples required to be retained
General Overview of Test Method
73

74. 74
Fabric Production Unit (FPU or Unit):
 Up to 5,000 linear yards of finished fabric for normal
sampling.
 Finished fabric means fabric in its final form after
completing its last processing steps as a fabric, except
for slitting.
 Different colors or prints can be combined if the fabric
remains unchanged, but cannot have both different
colors and prints.
 Samples need to be taken from the beginning and end
of the FPU for both laboratory testing and record
keeping.
Fabric Production Unit (FPU)-
Normal Sampling

75. 75
To include different colors or different
print patterns (or the same pattern in
different colorways), three samples from
each color or print must be tested and not
show significantly different char lengths.
Test all initial FPUs in the finished state
(either as produced or after one
laundering cycle).
If the FPU has not been tested to the 50
laundering cycles, the GPU must be
tested.
Fabric Production Units (FPU)-
Normal Sampling

76. Prototyping
 Prototype testing is done to assess the flammability of
pre-production seam and trim construction.
 Each seam and trim should be tested and evaluated,
which may lead to numerous seam and trim
constructions.
 The prototype must mimic the orientation in the
garment (vertical or horizontal).
 Functional Trim is exempt from testing.
 A new prototype test is required when the style of
garment is changed, or if trim color, materials or design
are modified.
76

77. 77
Garment Production Unit (GPU or Unit):
 Quantity of finished garments up to 500
dozen (or 6,000 units) that have a specific
identity that remains unchanged
throughout the Unit, except for size, trim,
findings, color, and print patterns, as
specified in 1615.4(b).
Garment Production Unit (GPU)

78. 78
The production testing performed in the GPU
selects specimen seams only.
Different solid colors or different print
patterns on the same fabric may be included
in the same GPU, as long as three or more
samples from each solid color or print pattern
are tested and do not show significantly
different results.
You cannot combine solid colors and print
patterns or combine knits and wovens of the
same print fabric in the same GPU.
Garment Production Units (GPU)

79. Garment Production Unit (GPU)
 Samples should be taken from the GPU population
randomly.
 Typically a minimum of 5 samples are needed for
testing.
 15 specimens needed per GPU, separated into 3 sample
sets.
 No more than 5 specimens can be taken from a single garment.
 All specimens from a single garment must be included
in the same sample set.
79

80. Rejected Product
 An FPU or Prototype that fails or is rejected may be
reworked to improve flammability performance.
 After a rework is done on an FPU that failed, a tightened
sampling plan must be used for testing.
 After a rework is done on a Prototype that failed, it must be
re-tested.
 A failing or rejected GPU that has been offered for sale
must be reported under Section 15.
 If the product cannot be reworked to meet the requirements
of the Standards, the disposition of the rejected unit must
be kept in the production records and must be marked
properly to say that it does not meet the requirements of 16
C.F.R. 1615 and 1616.
80

81. 81
Summary of Test Method
 Five 8.9 cm x 25.4 cm (3.5 inches
x10 inches) specimens of fabric,
seams, and trim.
 Specimens are conditioned before
testing.
 Each specimen is placed in a
metal holder and suspended
vertically in the test cabinet.
 The gas flame of 3.8 cm (1.5
inches) is applied to the bottom
edge of the specimen for 3
seconds.
 Char (burn) length is measured
after the flame/afterglow has
ceased.
Specimen is placed in a metal holder

82. 82
General Overview of Test Method
Determine Fabric Weight
Measure fabric weight before testing
(Conditioned for at least 8 h at 21±1.1°C
and 65 ±2% relative humidity)
Different loads to be used
for different fabric weights

83. 83
General Overview of Test Method
Cutting Specimens
Specimen size: 8.9 cm x 25.4 cm (3.5” x 10.0”)
For fabric specimens, cut two specimens in one
fabric direction (warp or filling) and three
specimens in the other fabric direction for each test
sample.

84. 84
General Overview of Test Method
Mounting Specimens
Mount specimen in the
specimen holder.
 The bottom edge of the
specimen is to be even
with the bottom of the
specimen holder.
 The sides of the
specimen holder shall be
clamped with clamps,
and the specimen may
be taped in the holder as
well.

85. 85
General Overview of Test Method
Conditioning Specimens
Conditioning Requirements:
Oven Temperature
105 ± 3°C (221 ± 5 °F)
Duration 30 ± 2 minutes
Place the specimen in oven

86. 86
General Overview of Test Method
Conditioning Specimens
Remove the specimens
from the oven and place
them in the desiccator for
30 minutes to cool, but
no more than 60 minutes.

87. 87
General Overview of Test Method
Testing
Light the burner and check that the flame height is
3.8 cm (1.5 inches).

88. 88
General Overview of Test Method
Testing
Remove the specimen from the desiccator.
Suspend the specimen vertically in the test
cabinet.

89. 89
General Overview of Test Method
Testing
Impinge the burner flame on the bottom edge of the
specimen for 3.0 ±0.2 seconds.

90. 90
General Overview of Test Method
Char (Burn) Length Measurement
Remove the specimen from
the cabinet and holder
when flame/afterglow
has ceased, and place it
on a flat surface. Fold
and crease the specimen
firmly by hand
lengthwise along a line
through the highest peak
of the charred area.

91. 91
General Overview of Test Method
Char Length Measurement
Unfold the specimen and insert the hook with correct
weight (determined by sample fabric weight, see the
Standards for details) in the specimen on one side of
the charred area 6.4mm (0.25”) from the lower edge.
Tear the specimen by grasping the other lower edge of
the specimen and raising the specimen.

92. 92
General Overview of Test Method
Char Length Measurement
Measure the char length –
the distance from the end
of the tear to the bottom
edge of the specimen.
Report the value of char
length for each specimen
and the average char
length for each set of five
specimens.

93. 93
General Overview of Test Method
Test Criteria
 The average char length of 5 specimens cannot exceed
17.8 cm (7.0 inches).
 No individual specimen can have a char length of 25.4
cm (10.0 inches) (full-specimen burn).

94. 94
General Overview of Test Method
Laundering
If the sample meets the test criteria, then launder the sample 50
times following AATCC Test Method 124-2006. Repeat the
same test as in the original state testing after laundering.
94

95. 95
What is Children’s Sleepwear?

96. Exemptions
Diapers and Underwear
 Must comply with 16 C.F.R. 1610
Infant Garments
 Sized 9 months or younger
 One-piece garment not exceeding 64.8 cm (25.75 in)
 Two-piece garment not exceeding 40 cm (15.75 in)
 Must comply with 16 C.F.R. 1610
Tight-Fitting Garments (as defined in the
Standards)
 Must comply with 16 C.F.R. 1610
96

97. Sleepwear Determination
Whether a garment is children’s sleepwear depends on the
facts and circumstances present in each case. Relevant factors
to be considered when deciding whether a particular garment
is an item of children’s sleepwear include:
 The nature of the product and its suitability for use by
children for sleeping or activities related to sleeping.
 The manner in which the product is distributed and
promoted.
 The likelihood that the product will be used by children for
sleeping or activities related to sleeping in a substantial
number of cases.
 The type of fabric, decorative features and print pattern.
97

98. “Loungewear”
The CPSC staff view children’s
“loungewear” ( or other similar garments
marketed as comfort wear) as garments
worn primarily for sleep related
activities and, therefore, loungewear
must comply with the Children’s
Sleepwear Standards.
98

99. Traditional Children’s Sleepwear Examples
99

100. Recalled Sleepwear
100

101. 101
Summary-Children’s Sleepwear
 Children’s Sleepwear:
• 16 CFR Parts 1615 and 1616 (Flammability)
• CPC Required, Third Party Testing
• Lead Content
• Lead Surface Coating
• Tracking Labels
• Phthalate Requirements (sleepwear for children
under three)

102. Any Questions?
???
102

103. Tight-Fitting Information
and How to Measure
103

104. Tight-Fitting Sleepwear
 Tight-fitting garments are exempt from testing to the
sleepwear requirements.
 Must meet specific maximum dimensions.
 Must comply with 16 C.F.R. Part 1610.
 Must meet labeling requirements.

105. Tight-Fitting Sleepwear

106. Recalled Tight-Fitting Sleepwear

107. Tight-Fitting Labeling
107
Mandatory labeling is required for
tight-fitting sleepwear.
Permanent neck label that reads:
WEAR SNUG-FITTING
NOT FLAME RESISTANT.
A hangtag that gives point-of-purchase
safety information (yellow tag) or a
specified label can be used on
prepackaged garments.

108. Labeling Requirements for Tight-Fitting
Sleepwear
108
WEAR SNUG-FITTING
NOT FLAME RESISTANT
Neck label must be at least 5 point sans serif
font, all capital letters, set apart from other text
by line border, on a contrasting background and
not covered by other labels.
Hangtag must be yellow (specified
color code) and measure 1.5”x 6.25”
with a 1”x 5.75” text box
Arial/Helvetica black 18 point font
For child’s safety, garment should fit
snugly. This garment is not flame
resistant. Loose-fitting garment is
more likely to catch fire.

109. Tight-Fitting Garment Measurement
109
Measuring the Chest
 Measure the distance
from armpit seam to
armpit seam (A to B)
Flatten seams and
finger press any folds
A
B

110. Tight-Fitting Garment Measurement
110
Measuring the Waist
 This measure is taken
on a 2-piece garment
 Measure width at the
hemline of the top from
C to D.
 On a one piece garment,
measure at most narrow
part between chest and
seat measurement
C
D

111. Tight-Fitting Garment Measurement
111
Measuring the Upper Arm
 Use a straight-edge to form a
line from the waist through
the armpit to the shoulder of
the garment. From this point
on the shoulder, measure
down the arm sleeve using the
appropriate value for the size
of the garment. From this
point, measure across the
sleeve, perpendicular to the
top edge of the sleeve.

112. Tight-Fitting Garment Measurement
112
Measuring the Wrist or Cuff
Long-sleeved garments,
measure width of end
of sleeve or cuff (E) to
(F)
Short-sleeved
garments, the sleeve
must taper from the top
of the shoulder to the
end of the sleeve
E
F

113. Tight-Fitting Garment Measurement
113
Measuring the Waist of the Pant
Measure the top
edge of the pant in
the relaxed state
Pants cannot have
any attachment or
decoration at the
waist extending
more than 1/4 inch

114. Tight-Fitting Garment Measurement
114
Measuring the Seat
Fold the front of the
pant in half to find the
bottom of the crotch.
Mark the point above
the crotch 4 inches
perpendicular to the
bottom of the crotch (J
to K). Measure from
point (L) through (K) to
(M).
L
K
M
J

115. Tight-Fitting Garment Measurement
115
Measuring the Thigh
Measure 2.54 cm (1
in) down the inseam
from the bottom of
the crotch (J to N).
Measure from this
point across the
pant leg (N to O).
O
N J

116. Tight-Fitting Garment Measurement
116
Measuring the Ankle
For pants that extend to
the ankle, measure across
the width of the end of
the pant leg (P to Q). For
shorts or capri pants that
do not extend to the
ankle, the pant leg may
not exceed the maximum
width for the thigh and
must diminish in width
gradually as it approaches
the ankle.
P
Q

117. Tight-Fitting Garment Measurement
117
Tight-fitting garments must
have no item of fabric,
ornamentation, or trim, such
as lace, appliques, or ribbon,
which extends more than 6
mm (1/4 inch ) from the point
of attachment to the outer
surface of the garment.

118. Tight-Fitting Garment Measurement
118
Close-up of Trim
Bows, tags or any other
ornamentation is
measured in the same
way.

119. Tight-Fitting Garment Measurement
119
Lettuce Edging
This edge finish
should be measured
and the scalloped
edges should not
extend more than
1/4 inch.
Stand ruler on end
(perpendicular to
the garment) against
the scallop.

120. Tight-Fitting Children’s Sleepwear
120
Two Piece Set
 A set may consist of a combination of a
piece that meets the tight-fitting
requirements and a piece that meets the
flammability requirements of the
children’s sleepwear Standards.
 Both pieces taper to the waist; the top
tapers from the chest to the waist and
the bottom tapers from the seat to the
waist.

121. Tight-Fitting Children’s Sleepwear
121
Tight-Fitting Tops
 Tops with front fasteners must have the
lowest fastener within 6 inches of the
bottom of that piece.
 Boat neck style tops and envelope
shoulders are not prohibited as long as the
measurements do not exceed those
specified in the Standards.

122. Any Questions?
???
122

123. Testing and Laboratory
Panel
123

124. What to Expect When
You’re Inspected
124

125. Available Resources
125
http://www.ecfr.gov/
http://www.cpsc.gov/

126. Contact Information
Allyson Tenney Mary Toro
Director Director
Division of Engineering Office of Compliance,
Regulatory Enforcement
301-987-2769 301-504-7586
atenney@cpsc.gov mtoro@cpsc.gov
Carolyn Carlin Linda Fansler Paige Witzen
Textile Flammability Textile Technologist Textile Technologist
Compliance Officer
301-504-7889 301-987-2059 301-987-2059
ccarlin@cpsc.gov lfansler@cpsc.gov pwitzen@cpsc.gov
126
www.CPSC.gov

127. Thank You for
Participating in our
Children’s Sleepwear
Seminar!
127