CPSIA Ruling Goes Forward

Rumors began bouncing around soon after President Barack Obama’s inauguration that the much-maligned Consumer Product Safety Commission’s Improvement Act of 2008, which affects childrenswear, had been placed on hold.

The rumors were sparked by a Jan. 20 note issued by Rahm Emanuel, the White House chief of staff. Because Emanuel’s note ordered the government to stop any new or pending regulations, hopeful retailers and manufacturers speculated the CPSIA ruling might fall under that umbrella.

But according to Stephen Lamar, executive vice president of the American Apparel & Footwear Association and a vocal lobbyist on the CPSIA issue, the White House note will not halt the implementation of CPSIA.

Lamar and Stephanie Lester of the Retail Industry Leaders Association had a Jan. 22 hearing with Kristina Hatlelid, directorate for health sciences, and other CPSC staff to discuss lead content in apparel.

CPSIA was passed in August and made significant changes to previous regulations. It imposes additional compliance requirements for consumer products produced domestically and abroad.

Manufacturers making apparel for primarily children 12 years of age or younger will take the brunt of the law, facing staggered deadlines for new lead-paint requirements and third-party testing of lead content in small parts and metal jewelry. Other requirements call for tracking labels on children’s products that show where the garment was made, its batch number and other information not previously made available to the consumer.

One significant change goes into effect Feb. 10. On that date, all children’s products must meet the CPSIA’s tough new lead and phthalate standards or they cannot be sold or distributed in the United States and will be labeled as a “banned hazardous substance.” This could include items that were manufactured before the testing deadline and are already being shipped to manufacturers or retailers.

The legislation is retroactive to include any garments that were made, shipped or on sales floors before Feb. 10.

Manufacturers, in order to comply with the law, must test every product detail, including each individual paint color, fabric, buttons, thread and rhinestones. Even if the same paint, zipper, fabric or buttons are used on a variety of different garments, each garment must be separately tested. Estimates put the cost of testing each garment between $600 and $1,500.

For more information, click here. —Erin Barajas