Harbour, Smith, Harris & Merritt, P.C.

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Flammable Fabrics Act

The Flammable Fabrics Act covers clothing, children's sleepwear, and interior furnishings, as well as materials such as paper, plastic, and foam, which are used in wearing apparel and interior furnishings. Under the Flammable Fabrics Act, the Consumer Product Safety Commission can issue mandatory flammability standards. Flammability standards have been established for clothing textiles, vinyl plastic film used in clothing, carpets, rugs, children's sleepwear, mattresses and mattress pads. Products that do not meet the Commission's flammability standards cannot be sold or distributed in interstate commerce. Consumers should know that a fabric that passes the federal flammability standards might still burn.

Children's sleepwear is subject to stricter flammability standards than other clothing. All fabrics used in children's sleepwear must self-extinguish after being exposed to a small flame. Specially manufactured polyester fiber is the primary fabric used in children's sleepwear.

Recall Authority

The Commission has authority to recall products that fail to meet the federal mandatory standards of fabric flammability. Recently, a retailer voluntarily recalled a specific brand of fleece sweatshirts after it was discovered that the fabric might ignite readily and presented a serious risk of burn injuries. Fabrics that do not comply with the federal flammability standard typically burn faster than newspaper. In another recent case, a manufacturer voluntarily recalled longhaired chenille sweaters because the fabric failed to meet federal mandatory standards of fabric flammability.

The Flammable Fabrics Act also provides for fines for the sale of each product that fails to meet the federal flammability standards.

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