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April 24, 2008

Companies agree to pay $320,000 in fines for violating drawstring guidelines

Lifeisgood2 Eight firms have agreed to pay a total of $320,000 in fines for failing to report the sale of clothing with drawstrings to the Consumer Product Safety Commission, as required by federal law. The clothing, which was recalled over the past two years, posed strangulation and entanglement hazards that can result in death.

In 1996, the Consumer Product Safety Commission staff issued guidelines recommending the removal of hood and neck drawstrings from all children’s upper outerwear sized 2T to 12, and limiting the ends of waist/bottom drawstrings to 3 inches from the garment.  The guidelines were issued because children were being strangled or getting entangled on the neck and waist drawstrings when the drawstrings caught on such items as playground equipment, bus doors or cribs.

From January 1985 through January 1999, the CPSC received reports of 22 deaths and 48 other incidents involving entanglement of children’s clothing drawstrings. In 2006, the CPSC informed manufacturers, importers and retailers of children’s upper outerwear that non-compliant clothing would be considered to be defective under the law, to present a substantial risk of injury to children, and would be subject to CPSC mandatory reporting requirements.

The current penalties range from $25,000 to $50,000, hardly a deterrent for big retailers. However, Julie Vallese, spokesperson for the CPSC, said the “fines are consistent with the violations.  It sends a message that the CPSC doesn’t allow companies to get away with violations.”

In 2006, Black Dog Tavern was fined $50,000 for repeated violations of the drawstring guidelines.  That issue was brought to the attention of the CPSC by Janell Mayo Duncan, Senior Counsel in our Washington D.C. advocacy office.   

The eight companies that were fined this week and the related recalls include the following (click on the recall notices for photos of the garments).

Life is Good Inc.   ($50,000)
April 17, 2007 (1,200 sweatshirts)
April 30, 2007 (400 sweatshirts)

True Religion Apparel Inc. ($50,000)
Sept 14, 2006 (150 sweatshirts)

Neiman Marcus Group Inc.   ($50,000)
September 14, 2006 (150 sweatshirts)

The Cayre Group Ltd.     ($40,000)
Sept. 20, 2006 (4,500 sweatshirts)

Kohl's Department Stores Inc. ($35,000)
September 20, 2006 (4,500 sweatshirts)

DollarDays International, LLC  ($25,000)
November 30, 2006 (180 parkas)

Seena International Inc. ($35,000)
January 10, 2007 (45,000 sweatshirts)

Gildan Activewear SRL   ($35,000)
September 20, 2006 (114,000 sweatshirts)

Comments

A simple way to improve drawstring safety is to go to the midpoint of the string, i.e. usually the back of the pants, top of the hood, etc, and sew through the string and the material surrounding it several times. This anchors the string so it will not pull through and leave a long section to tangle. I wish consumer reports would suggest this to the manufacturers, so I would not have to do it after purchasing an item. It would be a simple step during the manufacturing process with the correct color thread readily available.

I am extremely troubled that CPSC and manufacturers have deemed it dangerous for 2T and up children's clothing to have drawstrings, but that under 2T it's just fine to include drawstrings on kid's clothing! Kids under size 2T are just as at risk as older children. I won't allow my 19 month old son to wear the adorable H&M jacket he recieved as a gift because it has a drawstring around the waist. I contacted CPSC and H&M because of my concerns, but they said basically since the guidelines only affect clothes sized 2T and up that it was fine.

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