Another Scarf Recalled Over Threat of Flammability

Sheen and light, these stylish women’s 100% silk scarves pose an unfortunate burn risk and have therefore been the latest subject of an apparel product recall. 

This being the second case of enforcement of the law governing the non-flammability of wearing apparel in just a few months, it suggests that government oversight of products violating the federal flammability standard is on the rise.

Measuring 72 inches long by 20 inches wide, the scarves were made in China and sold by specialty boutiques worldwide and online at www.zazou.com from August 2012 to August 2014.  Consumers should stop wearing them and contact Zazou Scarves to return them for a full refund.

More information on this recall can be found here.

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CPSC Proposes Amending GCC Rules

Importers:  Did you know that the Consumer Product Safety Commission (CPSC) has proposed to amend the existing rule on the General Certificate of Conformity (GCC)?

Amendments including the requirement for the electronic filing of GCCs for regulated imported consumer products with U.S. Customs and Border Protection (CBP) at the time of filing the CBP entry, or the time of filing the entry and entry summary, are just some of the proposed amendments. 

Not keen on this idea?  You are in luck! 

 The CPSC recently voted to hold a workshop and seek additional public comments on aspects of its proposed rule on Certificates of Compliance, which the Commission first published on May 13, 2013.

Interested parties are invited to participate in, or attend the workshop, and to submit written comments.

The workshop will be held from 9 a.m. to 4 p.m. on Thursday, September 18, 2014 in the CPSC Hearing Room, 4th Floor of the Bethesda Towers Building, 4330 East West Highway, Bethesda, MD 20814.

Registration is now open using the following link, where you can also read the  formal notice by CPSC:

http://www.cpsc.gov/en/Newsroom/Public-Calendar/Register-for-CPSC-Public-Meetings-Workshops-and-Forums/Registration-for-Public-Workshop-on-Electronic-Filing-of-Certificates/

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Is Your Scarf Flammable? Women’s Scarves Recalled Due to Flammability Hazard

DO YOU HAVE ONE OF THESE SCARVES? 

If so, be advised that there’s been at least 1 report of these scarves catching fire and they have now been recalled by the Consumer Product Safety Commission as they failed to meet the federal flammability standard for wearing apparel and pose a risk of burn injury to consumers.

Both the Julie Vos “Sierra” and “Anchor” style scarves have been recalled.

The scarves, which are under the brand, Julie Vos, are 100 percent modal fabric, which is a type of rayon, and were sold in two prints, Anchor and Sierra. Anchor (on the left) was sold in three colors, including blue, green and orange. 

Sierra (on the right) was sold in four colors, including raspberry/magenta, orange/peach, cream/gray and blue/purple. The scarves measure 75 inches long by 45 inches wide and "Julie Vos" is printed on a tag sewn into the back of the scarf.

Manufactured in India, these imported scarves have been sold at specialty boutiques across the country and online at www.julievos.com from January 2014 through February 2014 for about $165.  

Consumers should immediately stop using the recalled scarves and contact Julie Vos to arrange to return the scarves for a full refund. Julie Vos will provide a pre-paid postage label for shipping.

More information on the product recall may be found here:  http://www.cpsc.gov/en/Recalls/2014/Womens-Scarves-Recalled-by-Julie-Vos/#remedy

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CPSC Signals That Flammability and Lead Risks Related to Children’s Sleepwear a Priority Issue for 2012

In a letter to importers, manufacturers, retailers and distributors of children’s sleepwear and loungewear late last year, the Consumer Products Safety Commission (CPSC) sent a reminder of its enforcement policy as it relates to risks of burn injuries and chemical contamination.

Children’s sleepwear standards were developed to prevent children’s sleepwear from igniting due to exposure to ignition sources, such as candles, ranges, stoves, matches/lighters, space heaters and fireplaces. Most of the ignition incidents were found to occur while children were wearing sleepwear or sleep-related items during the evening before bedtime or in the morning around breakfast time.

In addition to burn prevention, contamination by way of lead exposure was also signaled as a priority issue as this letter included a summary of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requirements which include the usage of tracking labels, a certificate of compliance and testing requirements for phthalates, lead content and lead in surface coatings on snaps, zipper pulls and elsewhere on the product.

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction.

Included in its jurisdiction is the oversight and enforcement of the Flammable Fabrics Act, which includes protecting the public from the hazards of flammable fabrics, interior furnishings and wearing apparel, including children’s sleepwear.

“Children’s sleepwear” includes any product of wearing apparel (in sizes 0–14), such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping. Exemptions to this definition include: (1) diapers and underwear; (2) “infant garments,” sized for a child nine months of age or younger; and (3) “tight-fitting garments” that meet specific maximum dimensions.

Children’s sleepwear includes “loungewear” as a type of children’s sleepwear which was introduced to the children’s market in the 1990s. CPSC considers children’s “loungewear,” or other similar garments marketed as comfort wear, as garments worn primarily for sleep-related activities. Therefore, “loungewear” must comply with the children’s sleepwear standards as well.

For more information on some of the related regulations, click here.

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Revised CPSC Rule on the Retesting of Compliant Clothing Textiles

In response to multiple requests from the clothing textile industry to reduce the need to retest clothing textiles already tested and found to be in compliance with CPSC regulations, it has amended its rule with respect to flammability testing.

Effective today, April 22, 2011, the Consumer Product Safety Commission (CPSC) has revised its terms under which the agency will accept flammability test certifications for children’s products based on third party accredited test labs.

Specifically, it will accept, for children’s product certification purposes, tests conducted by accredited third party labs since August 18, 2009 (pursuant to 16 CFR Part 1610).

CPSCs rationale was based simply upon the nature of the wearing apparel industry, in that it recognized there could be a significant time lapse between fabric testing and the actual making of a garment.

At issue, was the acceptance of tests undertaken by a now-CPSC-accredited test lab, prior to its accreditation, but after August 18, 2009. Testing under these circumstances has been referred to by the CPSC as “restrospective” testing.

Rather than causing these already tested fabrics to undergo subsequent tests, however, CPSC has instead revised its position on “retrospective” testing in order to reduce the need for redundant testing.

In order to avoid the retest and issuance of new certifications, the following conditions* must apply:

• At the time of product testing, the product was tested by a third party conformity assessment body that was ISO/IEC 17025 accredited by an accreditation body that is a signatory to the ILAC–MRA;

• The third party conformity assessment body’s application for testing using the test methods in 16 CFR Part 1610 is accepted by the CPSC on or before November 16, 2010;

• The product was tested under 16 CFR Part 1610 on or after August 18, 2009;

• The accreditation scope in effect for the third party conformity assessment body at the time of testing expressly included testing to 16 CFR Part 1610;

• The test results show compliance with the applicable current standards and/or regulations; and

• The third party conformity assessment body’s accreditation, including inclusion in its scope of 16 CFR Part 1610, remains in effect through the effective date for mandatory third party testing and manufacturer certification for conformity with 16 CFR Part 1610.

* CPSC Docket No. CPSC-2010-0086, 76 FR 22608 (4/22/11)

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Stay of Enforcement Lifted on CPSC Flammability Standards

Following a unanimous vote by the U.S. Consumer Product Safety Commission (CPSC), the stay of enforcement on certification for compliance with the flammability standards for non-children's products has been lifted in the following categories:

• Clothing textiles
• Carpets and rugs
• Vinyl plastic film

This means in everyday language, that an importer who fails to certify that CPSC flammability standards have been met on imported merchandise will now be subject to penalties which can exceed well over $100,000 USD.

Starting yesterday (January 26, 2011), an importer will no longer be “forgiven” when it fails to certify that an importation is compliant with CPSCs flammability rules. The compliance certificate indicating this is known as a General Conformity Certificate or “GCC.”

CPSC concluded in 2009 that when certain fabrics have not been treated with the inclusion of substances that could result in the addition of lead into the fabric, lead content testing was no longer required where it was 100% of, or any blend of, the following textiles.

1. Natural fibers, whether dyed or undyed, including cotton, ramie, linen, silk, alpaca, among others; and,

2. Manufactured fibers, whether dyed or undyed, including polyester, spandex, nylon, acrylic and rayon, among others.

Keep in mind that a GCC is still mandatory even where the underlying textile is exempted from CPSC requirements.

While the underlying testing of these fabrics is no longer required, manufacturers and importers still remain responsible for

(a) Providing a GCC with each shipment,
(b) Verifying that the product or material has not been altered or modified so as to cause lead to enter the material or product, and
(c) Assuring for themselves that the fabric is indeed exempt.

GCCs and copies of the test results upon which certification is based must be kept for 3 years. It also must be provided in a timely manner upon request by CPSC, or an importer can find itself subject to a penalty under the premise of having made a false guaranty. As the certifier that merchandise is compliant with CPSC rules, an importer must:

1. Be in possession of the original, or a copy of, the test certificate upon which the GCC is based, and

2. Retain the test certificate together with the original GCC for a minimum of 3 years after the production date.

A GCC must accompany the product whether imported or manufactured in the United States and be furnished to the product's distributors and/or retailers as these companies must also supply GCCs for their products to CPSC upon request.

CPSC requires that the GCC “accompany” a shipment [73 FR 68328, 11/24/08], and it permits a number of methods for doing so, including electronic “accompaniment.”

While the GCC may be made available online, given the reality of facilitating the movement of cargo and U.S. Customs’ physical handling of it, the agency looks for certain records as being included with a shipment. Therefore, its physical inclusion within the shipment is recommended.

Needless to say, it is critical that CPSC flammability rules and regulations are complied with now that enforcement activity will commence and penalty amounts have so tremendously increased. More information about factors CPSC may consider in assessing a penalty can be found at 16 CFR Part 1119, published in 74 FR 45101.

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