This memorandum reiterates the CPSC's policy on casual wear since 1996 and also emphasizes the new request that casual wear and nightwear must now comply with the requirements of the Consumer Product Safety Improvement Act of 2008 (CPSIA).
(1) Diapers and undergarments; The children's sleepwear flammability standards, 16 CFR 1615 and 1616, are stricter than the general clothing flammability standards. For children's sleepwear, testing is required not only at the final tailoring stage but also at the fabric and sample stages.
(2) "Infant clothing" for children nine months or younger; and
(3) "Tight-fitting clothing" that meets specific maximum dimensions.
The letter also emphasizes that these requirements apply not only to physical retailers but also to online sellers. The U.S. Consumer Product Safety Commission (CPSC), Office of Compliance and Field Operations, stated that they are considering treating children’s casual wear as children’s sleepwear, requiring strict compliance with the flammability standards set forth in parts 1615 and 1616 of Title 16 of the Code of Federal Regulations under the Flammable Fabrics Act.
These requirements include third-party testing, phthalate content, lead content, lead in surface coatings, and tracking labels, among others.
According to the CPSC regulations, "children's sleepwear" refers to all clothing intended to be worn primarily for sleeping or activities related to sleep (sizes 0-14), such as pajama sets and sleep pants, as well as similar or related items like robes. However, this does not include:
(Note: The last part mentions exceptions which were not fully listed in your original text.)
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