CPSC Will No Longer Require Flammability Certifications for Most Adult Wearing Apparel

On February 24, 2016, the Consumer Product Safety Commission (“CPSC”) announced changes to the certification requirements for adult wearing apparel that is exempt from flammability testing.

Pursuant to the Consumer Product Safety Improvement Act, manufacturers of consumer products subject to a rule, standard or ban enforced by the CPSC are required to issue a general conformity certification (“GCC”).  The GCC must certify that the product is compliant based on a test of each product or a reasonable testing program.  However, certain products are exempt from testing pursuant to 16 C.F.R. §1610.1(d) based on fabric weight and fiber content.

The CPSC has announced in a statement of policy that it will no longer pursue compliance or enforcement actions against manufacturers, importers, or private labelers for failure to certify or to issue, provide, or make available a GCC with respect to adult wearing apparel that is exempt from flammability testing pursuant to 16 C.F.R. §1610.1(d).  These changes are set to take effect on March 25, 2016.

Adult wearing apparel that is made entirely from one more of the following fabrics is exempt from flammability testing pursuant to 16 C.F.R. §1610.1(d):

(1)  Plain surface fabrics, regardless of fiber content, weighing 2.6 ounces per square yard or more; and

(2)  All fabrics, both plain surface and raised-fiber surface textiles, regardless of weight, made entirely from any of the following fibers or entirely from combination of the following fibers: acrylic, modacrylic, nylon, olefin, polyester, wool.

This change only applies to adult wearing apparel that is exempt from testing pursuant to 16 C.F.R. §1610.1(d), above.  Although these products are now exempt from both flammability testing and certification, the CPSC can still bring an enforcement action if a product is ultimately found to be non-compliant with the flammability standard.  Certification will continue to be required for adult wearing apparel that is not exempt from testing pursuant to §1610.1(d), as well as adult apparel items that may be subject to other CPSC regulations.  These changes also do not apply to children’s apparel.

CONTACT:
• David J. Evan, Partner | devan[at]gdlsk.com | 212 557-4000
• Jamie L. Maguire, Associate | jmaguire[at]gdlsk.com | 212 557-4000

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