This memorandum reiterates the CPSC's policy on children's sleepwear since 1996, while also highlighting new requirements for fabrics used in slippers and robes. Specifically, these items must now comply with the Consumer Product Safety Improvement Act of 2008 (CPSIA). According to the CPSC's definition, "children's sleepwear" refers to all garments intended to be worn primarily for sleeping or activities related to sleep (sizes 0-14), such as pajama sets and nightgowns, as well as similar or related items like robes. However, this does not include:
(1) Diapers and underwear;
(3) "Fitted clothing" up to a specific maximum size.
In a letter from the CPSC's Office of Compliance and Field Operations, it was noted that they are considering treating children's loungewear as children's sleepwear, requiring strict compliance with the flammability standards under the Flammable Fabrics Act at 16 CFR Parts 1615 and 1616.
(2) "Infant garments" intended for children 9 months or younger; and
The CPSC emphasized that these requirements apply not only to brick-and-mortar retailers but also to online sellers. The standards for children's sleepwear flammability at 16 CFR 1615 and 1616 are more stringent than those for general apparel. Testing is required not only at the final garment stage but also at the fabric and pattern stages.
These requirements include third-party testing, limits on phthalate content, lead content, lead in surface coatings, elastic bands, and tracking labels, among others.
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